Before I Challenge the Will: 5 Tips

One talk to family members. If you’re going to enter into litigation, a will challenge or will contest. It’s going to effect your family and your relationship. Two, try talking to the attorney who prepared the will of the trust that you’re objecting to. He or she may be able to provide some insight why the will of trust says what it says. Three, consider whether there are prior wills, or prior trusts before the one you’re objecting to that inherits you, disinherits you. Find out who takes under those prior wills and trusts.

Evaluate the financial obligations of litigation. What will it cost you, what are you trying to obtain at a trial, versus your personal costs? It’s going to effect you. It’s going to be stressful. It’s going to effect your family relationships.

Finally if you’re going to go ahead with the state litigation. Find an attorney who actually tries these cases, who just doesn’t draft wills and trusts, or administer estates. And who actually goes to court quite often.