Disputing a Will in Wilmington

Reasons to dispute a will

There may be any number of reasons to dispute a decedent's last will and testament.  The most common reasons to bring a will dispute are:

• Will Construction:  This type of litigation typically focuses on what a will means to say or how a particular provision should be read.  This becomes important when one interpretation tends to point you toward the beliefs of a loved one while another may lead to his or her specific wishes being disregarded.  A will construction case does not necessarily mean that a person is attempting to thwart the wishes of your loved one.  This type of action is sometimes brought in order to receive a determination of what a provision means.  As an example, if you have two cousins named Tracy, and your will states “I leave all my shoes to my cousin Tracy,” a dispute may arise between your cousins to determine which of them you meant.
• Capacity:  This type of contest questions the capacity of your loved one when the will was made.  Often the questions that come up include whether your loved one understood what he or she was doing when preparing the will or whether your loved one was coerced into leaving some or all assets to persons or groups that under normal circumstances you know your loved one would not do.  This is the type of will dispute that is more often thought to include people who are attempting to undo the wishes of your loved one.

How can a Wilmington wills attorney help?

When facing a will dispute, an attorney can provide immeasurable help throughout the process.  Whether you are the disputing party or you are the person who believes the will to be accurate, your wills attorney can help you to prepare the appropriate paperwork to be filed with the court and can lead you down the path toward a resolution.

In order to dispute a will, you need to overcome the procedural hurdle of being a person who would have inherited something if the will itself did not exist.  Overcoming this hurdle can sometimes be very easy and your wills lawyer can determine if you fit into this category.

The next important step is to determine which will dispute action you want to bring.  The Wilmington wills law firm of William W. Erhart, P.A. is prepared to help you make this determination and to prosecute your claim to its resolution.

Centered around family values, vision, and planning

Attorney Bill Erhart cares about your future and your family's future.  It is the sincere interest in the lives of his clients that has made William W. Erhart, P.A. a sought-after firm throughout Delaware.  To address the estate planning and Medicaid needs you face with an experienced lawyer who can guide you with confidence and compassion, contact the firm today.