Three Phases of Will Contests
Are you interested in filing a legal claim based on allegations that a will being used in probate is not accurate? There are a few different reasons why you might want to claim this, meaning that you should hire an attorney as soon as possible to create your own plan. A lawyer is a strong advocate for you and your needs from the moment you hire him or her, and will also be responsible for telling you whether or not your case meets the legal guidelines for filing. If you’re not ready to file, you need to learn about how to file a will content first.
A three phases of will contest in Philadelphia attorney is the person who helps prepare you for what to anticipate at each of these three stages. The three primary stages of a will contest trial are discovery, the trial itself and post-trial issues. Deciding whether or not to file a will contest is a decision that you should only make after consulting directly with an attorney. An attorney will look at the individual specifics in your case and help you to identify whether or not you have appropriate grounds to initiate a will contest claim.
The first phase of the will contest is discovery. There are very few conferences, depositions or hearings that you would be required appear at unless you are being deposed yourself. While many people who are interested parties are welcome to attend, many judges prefer that family members do not attend, particularly when there is a room full of angry relatives, all of whom do not agree with each other. A three phases of will contest in Philadelphia attorney can help you determine whether or not you need to show up. If you choose not to attend any portion of the discovery process, then your three phases of will contest lawyer in Philadelphia will send you a summary of what happened as well as copies of all relevant documents. This is part of the process of being kept updated as your case moves through the legal system. The second phase of your will contest is the trial itself. Your attorney may be able to achieve settlement outside of court in certain situations but if not, a trial will proceed. After a couple of months of discovery and getting a good idea of the types of evidence that will be presented and how many witnesses will testify, your lawyer might start giving you an expectation of how many days the trial could take. A will contest trial varies a great deal on the specifics of the case. It could be completed in as little as one day or it could take longer. Additionally, you must consider the judge's schedule in how your case will be spaced out over time.
The trial could be spread out over weeks or months. The final phase of your will contest is post-trial issues, including appeals and exceptions. You do have certain options if you don't care for certain parts of the judge's decision. Exceptions can be filed within 20 days after the adjudication, which requests the judge to change the decision. This most often happens if the judge misapplied a legal standard or overlooked testimony. If the exception however, does not achieve the desired result, then your lawyer might file an appeal. You should consult with an attorney who understands the various challenges and aspects of protecting your interests so that you can avoid mistakes. The support of a lawyer is instrumental in filing a claim and moving it to a timely resolution.