Questions regarding the basics of contesting a will or defending a will contest are common from potential clients. Of course, every case is different. The most important guidance I can provide is to consult with an experienced probate litigator very, very early in the process. I can not count the number of times I've been asked to consider handling a will contest after the potential client has spent months or more with a lawyer who is a "family friend" or was seemingly picked at random.
Read MoreIn my experience, the vast majority of will contests and related estate disputes are ultimately resolved through settlement at mediation. The motivation for settlement is driven primarily by several factors:
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