The passing of a loved one is typically a somber occasion. The loved one who passed may or may not have prepared an estate plan ahead of time. If they did have an estate plan in place, and you do not agree with their wishes, especially in terms of potential guardianship, what rights do family members have?
Rights of Heirs with a Will
For family members or heirs looking to contest a will, there are more possibilities to challenge a will versus contesting a trust. A trust is when assets are essentially transferred to someone else, known as a trustee, and it is their responsibility to manage and distribute the assets according to the creator of the trust’s wishes upon their passing. When a trust is in place, the assets do not need to go through probate court to be given to their designated heirs.
On the other hand, a will usually needs to go through the probate to be verified. Once a judge signs off on the will, the assets can then be distributed.
However, there are occasions when heirs or others will contest whether a will is valid. This can become extremely challenging especially if it involves the guardianship of minor children.
Who Has the Rights of Minor Children?
If a parent of minor children passes away, and the parent has a will in place stating who should be the guardian of their children, then that guardianship must still be approved by a judge. In most cases, if someone contests the guardianship of minor children, they will have to write an objection to the court overseeing the probate process. Typically, if someone objects to the wishes laid out in a will, that objection must be filed before the initial probate hearing.
Considering Objecting Wishes In a Will?
Whether your objection is in concern about guardianship or the distribution of an asset, the team at Martin Attorneys, PA is here to help you. Our experienced and compassionate estate planning attorneys understand the complex nature of wills and probate. Let us guide you through this difficult process — contact us online or by phone to get started. (479) 888-2039