Finding An Expert Wills and Estates Kelowna Lawyer
When it comes to a will, you hope that things will go smoothly, but unfortunately, that isn’t always the case. You have much fighting inside families over the fairness of a will, and in some cases, you may have a right to contest a will. With the contesting a will, it would be best if you were to first speak with a Kelowna Wills and Estate litigation lawyer because they can guide you through the complicated process.
The Four Reasons to Contest a Will
You can’t contest wills simply because of how you dislike what the statements within contained, but you do have circumstances where you might have a right to contest it. The four reasons include:
- They didn’t sign the will according to state law.
- The testator didn’t understand the value of his/her assets.
- Testator was unfairly influenced.
- They procured the will through fraud.
Any four of these reasons can be difficult to prove, and it can cost you a lot of time and money to pull this off, so you first have to make sure that it will be worth the cost.
What Does the Executor Do?
The executor of the will get appointed by the person who drafted the will. In some cases, this has led to abuses like stealing money and assets through manipulation of figures. For that reason, the best person for this job is usually an independent, unbiased and trusted third party. That individual basically acts as the representative of the deceased, and he will distribute the estate to the individuals listed. A close family friend could serve in this role of the will, and you want someone who will be around longer than you will. To ensure fairness, you could also choose a financial institution or a trust to do this. The role that this individual will perform includes:
- Distribution of property and assets.
- Sorting out the finances of the deceased.
- Paying any debts and taxes that the individual might have had.
How Does Probate Work?
This is known as the entire process of when you choose to distribute the property among the individuals who were listed in the will. The process first involves paying off any taxes and debts that might exist. After they have paid off the debts and taxes, they will focus on the administration of the estate to the individuals named. The process remains the same even if no will existed, but it can get increasingly complicated under those circumstances. People who intend to contest a will should understand how they must act quickly if they will act at all. Strict time limits have been placed on the process. In most states, you must challenge it within a 12-months time frame. In some cases, you have a good reason for missing the deadline, but you will have to speak with the court system to have a better understanding for how to proceed. The cost to contest a will can cost anywhere from $10,000 up to $50,000, so you first make sure that it will be worth the cost. A lawyer can help you to understand your rights.