The holiday season is not always joyful. After the death of a loved one, it can be full of legal and emotional complications. Disputes over an estate may arise among you and your family over the holidays. As you all convene in one place, it can be the setting that brings disagreements to a new level. If you argue with your family members about your inheritance over a holiday feast, you may wonder what to do next.
Inheritance disputes can be painful to deal with, especially as you are still working through the grieving process and trying to celebrate the holidays. But, sometimes, holiday arguments give you the clarity you need to move forward with potential litigation. If you want to challenge the will after the holidays, here is what you should consider.
Figure out if you have legal grounds
Perhaps your sibling reveals something during an argument that gives you a hunch that there was undue influence. Maybe you suspect that the will was procured by forgery. Another option is that the creator of the will lacked the mental capacity to understand the details of the document. Perhaps you even find out a newer will exists that should trump the old one. Make sure you have a legitimate reason to litigate the will before serving a lawsuit. Being upset or feeling left out does not necessarily invalidate a will.
Challenging a will is not for the faint of heart. It can be a lengthy and emotionally-draining process. You will face a lot of stress if you decide to move forward with probate litigation. Reach out to a close friend or relative you can lean on throughout the ordeal. Seek legal help to figure out all the complexities of contesting a will. You may even need to see a counselor or therapist to work through the emotional aspects of an estate dispute.