Q: to contest a will does it need to be probated first?
will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.
A: To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can file to open the estate, and whoever has the will must produce it to be filed with the court. Use the Find a Lawyer tab to retain a local attorney who handles probate matters and will contests.
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