Carnegie Will Contest Attorneys

45+ Years of Dedicated Service in Allegheny, Armstrong, Beaver, Butler, Washington, and Westmoreland Counties

If you find yourself in need of a skilled will contest attorney in Carnegie, look no further than Herb & Winters Law. With over 45 years of experience serving the Carnegie Area, our firm is well-equipped to handle your will contest matters. Whether you're defending a will or considering challenging one, our knowledgeable will contest lawyers in Carnegie are here to guide you through the process.

Contact us at (412) 533-4821 or reach out online to schedule your consultation and get the answers you need regarding will contests.

Grounds for Contesting a Will in Carnegie

Contesting a will requires the challenging party to bear the burden of proof. There are several grounds on which a will can be contested, including:

• Lack of Capacity: In Pennsylvania, a testator must possess the mental capacity to create a valid will. This means they must understand the extent and nature of their assets and be aware of who will inherit them. If a testator lacks this capacity, the will may be deemed invalid.
• Undue Influence: A will can be contested if it is determined that undue influence was exerted over the testator. To establish this, three elements must typically be proven: the testator’s weakened mental state, the proponent's substantial benefit from the will, and a confidential relationship between the proponent and the testator.
• Fraud: Fraud can take many forms in the context of will contests. It may involve deceptive statements made to the testator or misrepresentation of the will's contents. If a testator is tricked into signing a will under false pretenses, that will may be declared void.
• Forgery: Forgery occurs when someone falsifies the signature of the testator on a will. In Pennsylvania, there are specific legal stipulations regarding who can sign on behalf of the testator, and any unauthorized signature constitutes forgery.
• Improper Execution: For a will to be valid in Pennsylvania, it must be properly executed according to the law. If these formalities are not met, the will could be declared invalid.
• Contractual Agreements: Pennsylvania law allows for contracts regarding the creation or alteration of wills. If such a contract exists, it can be enforced against the estate, ensuring that the terms are honored.
• Photocopy of a Will: If the original will is lost, a photocopy may be challenged in probate court. The presumption is that the original was destroyed by the testator, but this can be contested with clear and convincing evidence.
• Discovery of a Later Will: If a more recent will is found that supersedes the current one, it may be admitted to probate if proven valid. This can significantly alter the distribution of the testator's estate.

If you have questions about contesting a will, don’t hesitate to reach out to our experienced Carnegie will contest attorneys at Herb & Winters Law.

Who Can Challenge a Will in Carnegie?

In Pennsylvania, only "Interested Persons" can contest a will. This includes:

• Family Members: Those who would inherit under intestacy laws if the will were invalidated.
• Beneficiaries: Individuals named in the current or previous wills.
• Parties to Contracts: Those who had a contractual agreement with the decedent regarding their will.
• Trustees: Individuals designated as trustees in prior wills.

If you’re unsure whether you qualify as an Interested Person, we can provide clarity.

Timeframe for Contesting a Will in Carnegie

Per 20 Pa.C.S. § 908, the standard timeframe to file a will contest is 12 months from the date the will is admitted to probate, but this can be shortened to as little as 3 months in specific circumstances. Given the strict deadlines, it’s crucial to act quickly and consult with our knowledgeable attorneys.

Contact Our Carnegie Will Contest Attorneys

At Herb & Winters Law, our dedicated will-contest lawyers are ready to assist you with your legal needs. Don’t wait to get the help you deserve. Set up a consultation to discuss your situation and explore your options.

Call us at (412) 533-4821 or contact Herb & Winters Law online to begin your journey toward resolving your will contest questions.