Are you the executor of a will that's being challenged? Will contests can add to the difficulty for heirs, executors, and relatives during this sad time. But as the executor, you have an additional burden. You must decide how to respond to will contests. What are your responsibilities? And how can you fulfill them? Here are some answers to your questions. 

Who Defends the Will?

Generally, anyone with a stake in the results of the will may contest it with the probate court. This includes both those in the will as well as those who were left out—if these would normally have been eligible under state inheritance rules. When this happens, it becomes the executor's job to defend a valid will throughout the process.

Why? As the executor, you must work for the good of the estate and the person who owned it. If they have made their wishes known through a will, you must act in the interests of those wishes. 

Can the Executor Opt-Out?

What if you don't want to defend the will in court? As long as you believe the will is valid, you retain this responsibility. However, you can get help. The estate pays for the costs of probate defense, so you can hire legal professionals, expert witnesses, and others who will help you fulfill your obligation. 

Can the Executor Contest?

What if you have reason to believe the will is not valid? Then you, as executor, may contest the will yourself. The most common reasons an executor may do this include having evidence that the decedent wasn't mentally competent when they drew it up, evidence of coercion by someone who benefits from the will, or not having the required elements to make it valid by state law. 

If you're successful in contesting the will, it may be replaced by an older will (if available) or the state's rules regarding intestate inheritance. In either case, you may or may not be relieved of your obligations as executor. 

Do You Need an Attorney?

Contesting a will and defending one being contested can be very complicated. Depending on the reason for the challenge, for example, you may need to hire experts for things like handwriting analysis or assessment of the person's mental state at the time. Also, you might have to spend a lot of time on this project alongside your own personal and professional activities. 

All this means that your best resource will be a qualified probate attorney in your state. They've both defended and contested wills for other families and can help you make the moves you need to in order to represent the best interests of your late loved one. Call a probate attorney today to make an appointment.

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