When a loved one passes away, they often leave a will to explain how they want their assets distributed. Most of the time their will is followed as they desired but occasionally it is challenged. But not everyone in Oregon can challenge a person’s will.
When a person believes that a will needs to be challenged there are certain qualifications they need to make before they challenge it. The main requirement a person must meet in order to challenge a will is that they must have standing. Standing means the person is named in the will or a person would have inherited if the will was deemed invalid.
Beneficiaries have standing to challenge a will and may not be a relative, but could be a family friend, charity, or even a pet. Heirs can challenge a will because they would have received something from the estate if the person would not have left a will. Heirs typically challenge a will because they believe they were omitted from the will or they didn’t receive the share they were expecting from the estate. Minors can also challenge a will but not until they reach the age of 18.
When a loved one dies their beneficiaries are often blessed with a portion of their estate. But when there is an unexpected outcome with the will distribution, a person may want to speak with an attorney who specializes in estate disputes. An attorney who understands Oregon law and the process can help their client challenge the will and protect their legal rights. They can efficiently create solutions for their client and look for areas of agreement.
Occasionally, a person finds that they need to challenge a loved one’s will. In these situations hiring a legal professional can be a smart move.