The Law Offices of Scott Alan Morrison, P.A.
Frederick
Location
301-694-6262
Hagerstown
Location
301-293-0010
Please Call For An Appointment

Maryland probate laws: When can you contest a will?

If you lose a loved one, whether expected or unexpectedly, it takes time to process your grief and learn how to move on in life without your family member. Perhaps the decedent named you in his or her will. Then again, maybe your loved one told you certain things before he or she died, and you were surprised to learn that you were, in fact, not mentioned in the last will and testament.

You might have multiple siblings who disagree with you about your parent's or grandparent's will. Just because you do not happen to like what a person's final will states does not necessarily mean you have grounds to contest it in court.

Signature issues that may constitute invalidation of a will

While each state has its own laws regarding the estate planning process, every state has regulations governing the signing of a last will and testament. A person must be of sound mind when he or she executes and signs a will. If you have reason to believe your loved one wasn't, you may challenge the will in court.

A testator (person signing a will) must not be under duress when adding his or her signature to a will. You'll also want to research specific laws in Maryland regarding whether the signing of a will must be witnessed, and, if so, by how many people.

Additional issues that may be grounds for contesting a will

If you believe someone unduly influenced your loved one before he or she signed a will, it is definitely cause for concern. Such situations often prompt familial disputes that may lead to permanent relationship rifts if they cannot be resolved.

Fraud is another issue that may prompt a probate judge to rule that a will is invalid. Did someone trick your loved one into signing or forge his or her signature on a document?

Where to seek support

If you know ahead of time that a family member is planning on naming you as a benefactor or heir in a last will and testament, it's a good idea to discuss the matter with the person to make sure you know all you need to know before the will is probated. If a legal problem arises, an attorney with probate administration experience can provide strong support.

While your instinct might be to confront a sibling, step-parent or other party who is involved in a probate dispute to try to handle things on your own, it is always better to take proper legal steps to resolve an issue.

No Comments

Leave a comment
Comment Information
  • Best Of The Best The Frederick News Post
  • Bar Association Of Frederick County, Maryland
  • NAELA National Academy Of Elder Law Attorneys, Inc.
  • Maryland State Bar Association Inc.
  • Washington County Bar Association , DC Bar
  • Law Offices of Scott Alan Morrison is a BBB Accredited Lawyer in Frederick, MD
Form Submit Button

Schedule Your Free Consultation Today

For more information and a free consultation with a Maryland estate planning attorney, call us at 301-694-6262 or fill out the form below. We provide clients with the estate services they need.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

We have offices in Frederick and Maryland, to serve you.

Evening, weekend and off-site appointments are available upon request. Free parking is available at our Frederick office.

Our office will follow the same closing & delays as Frederick County Public Schools for both offices due to inclement weather.

The Law Offices of Scott Alan Morrison, P.A.
141 W Patrick Street
Suite 300
Frederick, MD 21701

Toll Free: 866-220-5185
Phone: 301-694-6262
Fax: 301-668-8884
Map & Directions
Frederick Law Office Map

Contact This Office Contact This Office