When a loved one dies, they may pass on their assets to friends and family members. While this can be an easy process in some situations, there are many times when there may be an issue that will need to be solved. If a person doesn’t believe the will was valid or that they did not receive their rightful inheritance, there are options they have to handle the situation. This could include speaking with a lawyer and finding out what they can do.
Deciding To Contest The Will
Those who feel like they did not receive their full inheritance may decide to contest the will. Contesting the will and fighting for your inheritance isn’t always easy to do, so it is beneficial to have a lawyer to help. There are a few times when contesting a will is possible, including the following.
- Incompetence at Signing – The claim is that the deceased person wasn’t mentally competent at the time the will was signed and that they did not know what they were signing. If this can be proven, the will can be invalid.
- Execution Was Illegal – If the state laws were not followed when the will was created or signed, it may not be valid. This could include not having a witness when it was signed.
- Fraudulent Will – If the will includes a forged signature or the entire document was forged to give one person more assets, the will isn’t going to be considered valid.
- Extreme Changes to the Will – It may be possible to claim that there were extreme changes to the will before the person’s death that the person wouldn’t have wanted.
- Forgotten in the Will – If someone is not mentioned in the will, they may be able to claim a part of the inheritance by claiming that they were forgotten but should have been in the will.
Will Is Unclear
If the will is unclear, a person may be able to take the case to court to have it decided by a judge. The judge will review the information within the will, as well as any other documents or evidence provided by the heirs, to determine what the will means and who should inherit the assets. It is important to have as much evidence as possible in this situation to make it easier to settle on an outcome without having to go to court.
Issues With Distribution
If the executor is taking too long to distribute the assets, has given away assets that should go to someone else, or there are other issues with the distribution, it may be necessary to take them to court. While some assets may not be able to be reclaimed, it may be possible to reverse some sales or transactions, allowing the heir to get the assets they should have received. Going through this can be incredibly complicated, so it is crucial to work with a lawyer in these situations.
Issues With Selling Property
Sometimes, a property will be split between two or more heirs. If one of them refuses to sell, there are options such as having them buy out the other heirs. However, if they can’t do this or the other heirs prefer to sell the home and split the revenue, it can be more complicated. It is important to speak with a lawyer about the situation, as it may be possible to sell the property without the person agreeing or to find a different solution that will work well for everyone.
Inaccurate Valuations Of Assets
There may be issues when splitting the assets if the value of the assets is unknown or inaccurately portrayed. For instance, if someone inherits a home, they may need to know the accurate value of the home. This can make a difference if the will states that each person should receive a certain percent of the value of the assets, as it will be necessary to know how much each asset is worth to be able to split them properly.
Mismanaged Assets
Executors have to follow the laws surrounding wills and probate, but they may end up mismanaging the assets before they can be split between the heirs. In a situation where the mismanagement was done intentionally, the executor may face criminal charges. They can also be sued over the mismanaged assets so the heir can reclaim as much as possible of the assets they were supposed to receive.
Will Can’t Be Found
There may be situations where a will can’t be found, even though the relatives know that one was created. It is recommended to contact the lawyer who created the will or others involved in the will to see if anyone has a copy. If not, the estate may be split according to state probate laws. If the will is found at a later date, there may be a way for heirs to reclaim their inheritance, but it does depend on what they received already and how much time has passed. If there is a missing will, it is important to get legal assistance right away to make sure the situation is handled carefully.
No Will Dictating The Inheritance
Though many inheritance-related issues involve a will, there are times when the deceased will not have a will in place before they die. In these situations, the only way forward is to let the estate go through probate. This is a process that follows state laws for inheritance, which will dictate who is able to receive what assets. This is also what is done if the will is found to be invalid and there isn’t another will to take its place.
If you’re concerned that you did not receive the inheritance you expected, it is a good idea to speak with a lawyer as quickly as possible. They can review all relevant information and provide you with details on what can be done to fight the issue and to receive the inheritance you deserve. Schedule a consultation now to learn more about how they can help with your situation.
We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.
Meg is an author at Cinnamon Hollow. She writes on a variety of topics sharing tips and ideas for daily life.
