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Who has legal standing when contesting a will?

On Behalf of | Mar 11, 2022 | Probate Litigation |

Probate is a hearing that aims to administer a deceased’s estate. Probate hearings over Maryland estates might be avoided with the right planning. If someone you know has already died, then your chance to find justice might be limited to a will. Both living and testamentary wills aren’t perfect instruments, however. A will can be legally contested in court, and doing so is relatively easy. Anyone present at the hearing has a right to have their public claim heard.

Parties of interest

Contesting a will during probate is easy; what’s difficult is identifying the legal parties of interest. A party of interest, as it pertains to contesting a will, is one who has equity in the estate a will represents. Examples of parties of interest are family members and those named as beneficiaries in the will. These people are identified to verify the validity of claims against a will.

Claims among others

Probate hearings will thoroughly examine parties of interest because these create a clear chain of priority when a judge disburses someone’s estate. Someone who never showed up in a will can make claims, but their case is measured against those who are mentioned in the will. Sometimes, the claims that someone makes have no weight once the judge considers the validity of other parties of interest. Therefore, to start, you must know “who else wants in.”

Probates in Maryland

The effective way to contest a will is to know each party involved, but more importantly, know what they want. A legal professional can help you to navigate the complexity of your specific claims. A judge will hear all public claims made. They become convinced only when they perceive that an equitable, which is fair, division of someone’s property is still achievable.