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Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Howard County, Maryland-based wills and estates law firm with over 25 years of successful experience in handling sensitive wills and estates issues. For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129.
When a deceased family member (or other "relative") overlooks or disregards you in his or her will, or even snubs you with an embarrassingly insignificant gift, you are factually not in the position of asking the deceased " why". One option, however, may be to contest or challenge the will. This option is not, however, without some risk. The three judges of the Howard County Orphans' Court are the ones who oversee this process, called "probate" or " will" contests. These will contests are frequently called " caveat proceedings".
In order for you to have "standing" to file "caveat proceedings" in Maryland, the deceased (decedent) must either have named you in the will as a beneficiary or you must be an heir of the decedent who would have inherited from the decedent's estate by statutory law if the decedent had died intestate (without a will). In legal terms, you are an "interested person" in the decedent's estate if you meet either of the previous two criteria, supra. When you file a challenge to the will with the Orphans' Court, you become the "caveator".
In basic sum, you can file a "caveat" to the will for the following reasons:
1. You believe the decedent wronged you for some reason.
2. You believe the decedent was unduly influence, pressured or coerced to do you the way he or she did.
3. You believe the decedent suffered from a mental impairment at the time the will was executed.
4. You believe the decedent suffered from mental incapacity when the will was executed.
5. You believe the will does not comport with or meet Maryland statutory requirements.
6. You have located and/or can produce a more recent will executed by the decedent.
Generally in Maryland, you must file your challenge or contest against the will within 6 months after the executor or personal representative of the estate is officially appointed. There are a few exceptions.
As in any legal proceedings, there are risks to these contests; foe instance:
1. First of all, Maryland law allows "no contest" clauses in wills. They are frequently referred to as " in terrorem" clauses.
2. Should the orphans' court invalidate the entire will, any heirs are treated as if the decedent died intestate ( without a will); thus distributions will be made pursuant to Maryland intestate succession law. You could possibly receive nothing, depending upon how close (lineage-wise) you are to the decedent.
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