Contested Wills in Hyattsville, Maryland

Find the right Contested Wills attorney in Hyattsville, MD

In Hyattsville, Maryland there are certain procedures allowing certain people to challenge the validity of a will. This is known as a "will contest" or "contested will."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a significant 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 large 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 often 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 Hyattsville, Maryland?

Courts in Hyattsville, 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.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Usually, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Hyattsville, Maryland will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Hyattsville, Maryland Contested Will Attorney Help?

Contesting a will is often difficult, and never fun. However, the whole process can be made more bearable if you have the help of a qualified Hyattsville, Maryland attorney, and the process will probably be much more manageable.

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

Life in Hyattsville

Named after Christopher Clarke Hyatt in 1860, Hyattsville, Maryland is home to close to 15,000 residents.Hyatsville provides its population with easy access to both Washington and Baltmiore, Hyattsville is located in Prince George's County, Maryland.

The small population does not mean that there are a lack of good lawyers in Hyattsville. Raning from family law to employment issues, to everyday legal issues, Hyattsville lawyers are skilled in a range legal areas ready to help their neighbors with whatever he or she may find themselves facing. Hyattsville also has friendly neighborhoods, top schools, and an active population contributing to the overall charm of the East Coast city.

A portion of the city of Hyattsville was placed on the National Registry ofHistoric Placesfor the many beautiful historic sites the city has to offer. Hyattsville is also home to a variety of industries including: manufacturing, retail, and real estate. There are also many summer attractions including outdoor summer concerts, outdoor movies showing classics, and many well-kept neighborhood parks putting on activities. Hyattsville is a city that has perfected the small-town charm in a big way.

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