Probate Court can be a fascinating place. Recently, I was in court for a probate case with a straightforward issue for the Judge to resolve. The case before mine, however, was far from simple—several people had shown up with claims that the Will was a forgery and that the Petitioner wasn’t even a child of the deceased. The Judge listened briefly and instructed everyone to put their complaints in writing.
Interestingly, only the person who filed the Petition had an attorney; the others were representing themselves. Will contests might seem straightforward to laypeople, but they rarely are. Proving forgery or other claims is complex. As one individual said, “Just look at the Will—you can tell it’s not his signature.” However, judges can’t simply compare signatures on a Will with those on a birthday card like on TV. These matters require evidence presented at trial.
The claim that someone isn’t really a child of the deceased can be even more intricate. It’s not as simple as a DNA test. In a recent case, a child known to be biologically unrelated to the deceased was still legally recognized as their child. These complexities underscore how much expertise is needed in probate matters.
If your loved one passed away with a Will or Trust, navigating the legal process can be challenging. Having an attorney to guide you through the legal and procedural hurdles is crucial. Give us a call, and we’ll help you every step of the way.
