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Probate Lawyer for Puerto Rico Residents

San Juan Probate Litigation

Probate litigation is another way of saying "contesting a will". When you engage in probate litigation, you are arguing the validity of a will, or what a will states. There is a limited timeframe in which a will may be contested, and it is determined by the probate process, not when the loved one died. When the will is submitted to probate, you only have a certain amount of time to contest. Not everyone has grounds to contest a will, and the person who wishes to contest a will must have legal interest in the outcome. This means the person must be either listed in the will, believe they should have been listed in the will, or is set to inherit property or assets according to Puerto Rican law if the will is proven invalid. Contesting a will is extremely difficult, and without a lawyer, people rarely prove that a will is not valid or was written unfairly. If you wish to partake in probate litigation, please feel free to contact our Puerto Rico probate attorney.

Grounds to Contest a Will

One way to contest a will is to prove that it does not follow the correct state laws that dictate how a will must be created. Puerto Rico has a certain set of rules that must be followed in order to construct a valid will. If these rules are not followed, and you have the ability to prove such, the will may be considered invalid. You may also contest a will if you believe the person who created the will lacked testamentary capacity. This means that the person did not understand what they owned, the value of what they owned, who they thought should inherit their assets, and what signing the will meant. If you believe that the will creator was forced to sign their will, it may be ruled as invalid. Depending on the age and mental capacity of a loved one, they may be coerced into signing a will, which is known as undue influence. Verbal abuse and threats do not count as undue influence. You must be able to prove that someone met with the attorney without the will creator's knowledge, paid for the will, held the will for the person, or isolated the person from friends and family.

Can it be done?

Proving any of the legal grounds needed in order to contest a will is not impossible, but it is extremely challenging. Not hiring an attorney to assist in probate litigation will further minimize your chances at proving a will invalid, so it is imperative that the lawyer you hire is well-versed in probate law. The San Juan attorneys at the Law Office of Sylvia C. Lugo-Sotomayor have over 20 years of probate experience, and have the ability to represent clients who wish to contest a will.

Law Office of Sylvia C. Lugo-Sotomayor - Probate Attorney in Puerto Rico
# 7 Bayamon Street,
San Juan PR 00918
Phone: (787) 390-9140

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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