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Will Contests

There are a many things that can go wrong during the administration of a will. The will’s authenticity may be questioned. There may be a question of whether the person making the will had the requisite mental capacity to make the will, or whether he or she was subjected to undue influence. There may be multiple versions of the will that do not reconcile with each other. Additional complications may arise if the deceased is a business owner and challenges are brought by business partners or creditors involving the liquidation of company assets, distribution of business property and real estate proposed resolution of company debt.

When this occurs, interested persons, including potential heirs, partners and creditors, can bring such perceived irregularities to the attention of the court by filing a complaint to prevent the will from being admitted or to contest the appointment of a personal representative for the estate. They can also move to have the estate converted to what is known as a supervised administration whereby the court takes a more active role in probate of the estate.

Parties are often unfamiliar with their rights as an heir, creditor, or personal representative. In order to defend their legitimate interests, these people who find themselves in the midst of a will contest need an understanding of what recourse they have. The process is complicated, and an experienced probate lawyer can make all the difference. Experienced counsel can assist heirs, creditors and personal representatives defend their legitimate interests and understand the avenues of recourse available to them. Counsel can also advise the executor of the will on his or her obligations in administering the decedent’s will.

At Thorn Law Group, our probate attorneys understand the probate process can be challenging and confusing. We have experience handling such matters in D.C. and many other states. We evaluate each case objectively so that our clients can determine how best to proceed.

For a consultation and to learn more about how a probate attorney from the Thorn Law Group can help you with your tax and probate issues, contact Kevin E. Thorn, Managing Partner, at ket@thornlawgroup.com, or 703-752-3752.

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