Sometimes, family members of a recently-deceased person in Monessen, Pennsylvania will attempt to claim that a will is invalid, usually because it leaves them out of it. This process is called a "Will contest."

A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, particularly if the testator's motives are not clear. They will usually assume that the will must be a forgery, or a result of fraud or force.

If there is a large amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

You should remember that a will contest often results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Monessen, Pennsylvania?

A court in Monessen, Pennsylvania will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

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 thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Monessen, Pennsylvania, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Monessen, Pennsylvania Contested Will Attorney Help?

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