Contested Wills in Gaithersburg, Maryland

Find the right Contested Wills attorney in Gaithersburg, MD

In Gaithersburg, Maryland there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a massive amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

However, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Gaithersburg, Maryland?

Courts in Gaithersburg, Maryland will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

For example, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If the contest is successful, a court in Gaithersburg, Maryland might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, normally passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Usually, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Gaithersburg, Maryland Contested Will Attorney Help?

Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a brilliant Gaithersburg, Maryland wills and estates attorney can minimize these problems, and make the process as painless as possible.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Gaithersburg

Gaithersburg, Maryland is a city in Montgomery County. Its population is around 60,000 people. Gaithersburg, Maryland was founded in 1765, as a small agricultural community. By the late 1800s, BO Railroad had built a station in Gaithersburg, which accelerated its growth. The station was designed by a Ephraim Francis Baldwin, a famous architect known for designing ornate, Victorian-style train stations. In 1899, Gaithersburg was selected as one of six sites for the construction of the International Latitude Observatory, which was an international effort of scientists to precisely measure Earth's "wobble" on its axis of rotation. Six observatories were built in different parts of the world, on the exact same line of latitude. They would then all focus on the same groups of stars, and each one would measure the stars' apparent movement very precisely, using this data they could obtain very precise data about the movement of Earth's axis. The Observatory in Gaithersburg is an important site in the history of science. It has been designated a National Historic Landmark, and is a popular destination for science enthusiasts to visit. Modernly, Gaithersburg is very diverse, both economically, and demographically. For this reason, there are many competent lawyers of various specialties in Gaithersburg. This means that, if you are facing any type of legal issue, there is a Gaithersburg, Maryland lawyer who can help you with it.

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