Logo of RISM LLC

What Washington DC Residents Need to Know Before Contesting a Will

13 October 2023

Contesting a will can be a complex process. If you are planning to do so, it’s important to understand the factors involved and the help you can receive from an attorney. In this blog post, we’ll discuss what you need to know before contesting a will, including the factors to consider and how an attorney can assist you.


1. Grounds for Contesting a Will

Before contesting a will, you need to identify the grounds for doing so. An invalid will can be contested on various grounds, including:


- The testator lacked the necessary mental capacity to make the will

- The will was made under duress or coercion

- The will was procured through fraud or undue influence

- The will is invalid due to a mistake or technical error


It’s important to determine whether any of these grounds apply to your case before contesting a will.


2. Timeline for Contesting a Will

In Washington, DC, the timeline for contesting a will is relatively short. You have only six months from the date of the probate of the will to contest it in court. After this period has expired, it is difficult to challenge the will unless you can demonstrate a valid reason for the delay.

3. Probate Litigation

Contesting a will involves probate litigation, which is a legal process to determine the validity of a person’s will. This process can be challenging and complex, as it requires navigating the legal system, gathering evidence, and presenting a strong case. An experienced attorney can assist you throughout the probate litigation process by representing your interests in court and helping you gather the necessary evidence to support your case.


4. Attorney’s Role in Contesting a Will

An attorney can be an invaluable resource when contesting a will. They can guide you through the process, explain the legal options available to you, and help you build a strong case. An attorney can also help you negotiate a settlement, avoid costly mistakes, and protect your legal rights. Additionally, an attorney can represent you in court and advocate on your behalf.


5. Costs of Contesting a Will

Contesting a will can be an expensive process. Attorney’s fees, court costs, and other expenses can quickly add up, making it important to understand the costs associated with contesting a will. It’s important to discuss these costs upfront with your attorney and understand the options available to you.


Contesting a will is a complex legal process that requires careful consideration and the assistance of an experienced attorney. If you are planning to contest a will, it’s important to understand the legal grounds, timeline, and costs involved. An attorney can assist you in navigating the legal system, building a strong case, and representing you in court. With the help of an experienced attorney, you can protect your legal rights and increase your chances of a favorable outcome in your case.

There is a statue of justice in the background and a wooden gavel in the foreground.
30 April 2024
Dealing with the passing of a loved one is never easy, and matters can become even more complicated when it comes to handling their estate. Estate litigation can be a complex and emotionally draining process that requires expert legal guidance to ensure your rights are protected. If you are a Washington DC resident facing estate litigation, hiring an experienced attorney is essential. In this blog post, we will discuss the importance of having a skilled estate litigation attorney by your side to navigate through this challenging time.
A judge 's gavel is sitting on top of a black table.
28 March 2024
Understanding the Importance of Estate Planning in Washington DC
A close up of a wooden judge 's gavel on a wooden table.
18 February 2024
Starting a business is an exciting venture - you have a great idea, you're passionate about it, and you're ready to take the world by storm. However, before you can start marketing your product or service, there's some legal groundwork that needs to be laid. This is where a business formation attorney comes in. In this blog post, we'll discuss why every Washington DC business needs a business formation attorney and what services they offer to help ensure your success.
A wooden table with a model house , keys and a judge 's gavel.
31 January 2024
Entering the world of residential real estate in Washington, DC can be as exhilarating as it is daunting. This bustling capital region presents unique opportunities and challenges for potential homeowners. Whether you are a first-time buyer, a current homeowner looking to sell, or someone in search of your next investment property, understanding the nuances of real estate transactions in this historic city is crucial. This blog post aims to demystify the process and offer practical tips for navigating your residential real estate journey in Washington, DC.
Two men are shaking hands in an office.
15 December 2023
How Long Does Probate Take in Washington DC and How an Attorney Can Help?
A book titled estate law next to a last will and testament
7 November 2023
The process of contesting a will can be a complex and emotional experience, particularly if you reside in Washington DC. Whether you feel that a loved one's final wishes have been unfairly altered or you believe that the will is invalid, understanding the legal process of contesting a will is critical to protecting your rights. In this blog post, we'll explore the step-by-step process of contesting a will in Washington DC, including the assets at issue, standing, the time period to contest a will, the methods of contesting, discovery of evidence, mediation, trial, appeal, and how an experienced attorney can help.
A person is writing a power of attorney with a pencil
28 September 2023
Planning for the unexpected is essential, especially when it comes to matters of legal responsibility for property, finances, and medical decisions. It’s not something that people like to think about, but it’s important to understand the difference between power of attorney and guardianship. In this blog post, we will break down what each of these terms means, the pros and cons of each, and why an attorney can help you make the right decision.
A pen is sitting on a piece of paper next to a cup of coffee and glasses.
31 August 2023
No one likes to think about their own death, but it is important to plan for it. One of the most crucial steps in that planning process is creating a Last Will and Testament. This legal document outlines how your possessions and assets will be distributed after you pass away. However, not everyone takes this step, and some may wonder what will happen if they die without a will. In the District of Columbia, dying without a will can have serious consequences.
Two men are shaking hands in front of a building.
4 July 2023
Understanding the Probate Process in Washington DC
View More Blogs
Share by: