When a loved one passes away, dealing with their estate can be a complex and emotional process. Matters can become even more complicated when a long-lost sibling emerges and seeks to contest the will. This scenario raises several questions about legal rights, family dynamics, and the probate process. Here, we’ll explore the question of ‘Can a Long-Lost Sibling Contest a Will?’ and under what circumstances they might be successful.
Understanding the Grounds for Contesting a Will
To contest a will, the challenging party must have legal standing, which means they must be directly affected by the will’s provisions. Common grounds for contesting a will include:
- Lack of Testamentary Capacity: Arguing that the deceased did not have the mental capacity to understand the nature and consequences of the will.
- Undue Influence: Claiming that someone exerted pressure on the deceased to alter the will in their favor.
- Fraud or Forgery: Alleging that the will is fraudulent or has been forged.
- Improper Execution: Asserting that the will does not meet legal formalities, such as being improperly witnessed.
Legal Standing of a Long-Lost Sibling
A long-lost sibling may have the standing to contest a will if they can demonstrate that they would have been a beneficiary under the will or under intestacy laws if no valid will exists. Here’s how their claim might play out:
- Beneficiary Status: If the long-lost sibling is named in the will, they have clear standing to contest it. If they are not named, they must demonstrate why they should have been included.
- Intestacy Laws: If the deceased died without a will, the estate is distributed according to intestacy laws. In many jurisdictions, siblings are entitled to a share of the estate if there are no surviving spouses, children, or parents.
- Previous Relationships: The long-lost sibling might argue that the deceased would have included them in the will had they known about their existence or had they reconnected before the will was executed.
Proving the Relationship
A critical aspect of the long-lost sibling’s case will be proving their relationship to the deceased. This can involve:
- Birth Certificates: Providing official documentation that shows common parentage.
- DNA Testing: In cases where birth certificates are unavailable or disputed, DNA testing can provide conclusive evidence of the sibling relationship.
- Witness Testimonies: Statements from family members, friends, or other acquaintances who can verify the relationship.
Challenges and Considerations
Even with a valid claim, contesting a will is a challenging and often lengthy process. Some factors to consider include:
- Statute of Limitations: There is typically a limited time frame after the will is admitted to probate during which a contest can be filed. This varies by jurisdiction.
- Legal Costs: Contesting a will can be expensive, involving attorney fees, court costs, and possibly the cost of expert witnesses.
- Emotional Toll: The process can strain family relationships and bring up unresolved conflicts and emotions.
A long-lost sibling can potentially contest a will, but their success depends on various factors, including their legal standing, the grounds for contesting, and their ability to prove the relationship to the deceased. If you find yourself in this situation, it’s crucial to seek legal advice to understand your rights and the viability of your claim.
Navigating the complexities of probate law requires careful consideration and professional guidance. By understanding the legal framework and preparing a strong case, a long-lost sibling can better position themselves to pursue their rightful share of the estate. Contact Jacobson Family Law today to schedule your consultation with one of our Maryland estate planning attorneys at 443-741-1147 or by scheduling a consultation online.
