How to Contest a Will

It is difficult enough to face a loved one’s death without having to deal with a disagreement with one or more family members. During this emotional time, an attorney with experience in estate planning can put you at ease. At The Childress Law Office, our experience and training help people fulfill their family member’s wishes in an honorable manner.

Generally, wills move through probate without a hitch; however, sometimes it is necessary to contest a will if you feel that the will does not accurately reflect the testator’s wishes.

In order to contest a will in probate, you must have grounds. This means that either you were named as a beneficiary in the will, or you would have inherited from the will if it were written correctly. At The Childress Law Office, Attorney Sidney Childress is a skillful will contest attorney who represents individuals affected and/or harmed by the contents of a will.  

Valid Reasons for Contesting a Will
In New Mexico, wills can be written with “no contest” clauses. These clauses are drafted along with the will and attempt to dissuade beneficiaries from contesting their inheritance. If the will specifies a “no contest” clause, you are still able to challenge the will; however, if you lose your suit, you will get nothing.

Attorney Sidney Childress has extensive experience challenging “no contest” wills and will argue aggressively on your behalf to fight for the inheritance you deserve. Some of the main ways he can help you contest a will in probate include:

Testamentary Capacity
One way to contest a will is to argue that the testator was not of sound mind and memory when drafting the will. Often this argument revolves around charges that the testator suffered from senility, dementia, or insanity at the time of writing the will. This argument arises more often when the deceased is a senior.

Fraud
If the testator was tricked into signing a document that the testator thinks is a deed, power of attorney, or other contract, then the will was procured by fraud.

Undue Influence
Another method of challenging a will is to argue that someone exerted undue influence over the testator. This might arise if a family member coerced or otherwise influence the testator to alter the will.

Unlawful  
If the will wasn’t signed in accordance with New Mexico state law, then the will may be deemed invalid because it did not comply with state regulations.  

While there are many ways to contest a will, it is important that you understand that contesting a will can be time-consuming and expensive. Be sure that you hire a qualified will contest lawyer to fight aggressively for your rights. The Childress Law Office has the skills and the know-how to go the distance for you.

Contact Our Experienced Will Contest Attorney

Attorney Sidney Childress has extensive experience contesting wills in New Mexico and possesses the knowledge and expertise necessary to ensure that you receive your proper inheritance. In addition to helping individuals contest wills, Sidney Childress advises individuals on the best way to draft a will so that it stands up in court. For more information on how to contest a will and other estate planning matters, contact us.

Tough Legal Problem?

Call our will contest lawyer at
The Childress Law Office at 505-878-9600 today.