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Are weekend days included in this 90 days to contest a Will?

Are weekend days included in this 90 days to contest a Will?

Q: Can I contest a will after it has been probated in West Virginia?

Yes, you can contest a will after it has been probated in West Virginia, but you must do so within the 90-day period from the date you were notified of the probate. If you miss this window, your ability to contest the will may be severely limited. Consulting an attorney is advisable for guidance.

Q: What are common reasons to contest a will in West Virginia?

Common reasons to contest a will in West Virginia include lack of testamentary capacity, undue influence, fraud, or improper execution of the will. If you believe any of these factors apply, it is important to gather evidence and seek legal advice to evaluate your case.

Q: Do I need a lawyer to contest a will in West Virginia?

While you are not required to have a lawyer to contest a will in West Virginia, it is highly recommended. An attorney can help you understand the legal process, gather necessary evidence, and represent you effectively in court. This can significantly improve your chances of a successful contest.

Q: What is the role of the executor during a will contest in West Virginia?

The executor of the estate has the responsibility to manage the estate during a will contest in West Virginia. They must defend the validity of the will and ensure that the estate is administered according to the will's terms, while also complying with court orders. Their role is crucial in the legal proceedings.

Full question:

I was given 90 days to contest my mothers Will whose estate was located in West Virginia. Are weekend days included in this 90 day period or does this just include business days?

Category: Wills and Estates
Subcategory: Will Contests
Date: 04/07/2025
State: North Carolina

Answer:

We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

Weekend days are included. If significant money and/or property is at stake and you wish to contest the will, you should contact a local attorney immediately for a consultation. This attorney will be able to connect you to an attorney in West Virginia if necessary, or handle the matter him/herself.

We cannot give legal advice. The foregoing information, above, may be incomplete or wrong, and is not a substitute for the advice of a local attorney. No attorney-client relationship has been formed with you. If, for any reason, you are dissatisfied with the information we have provided, your charge will be refunded.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I miss the 90-day deadline to contest a will in West Virginia?

If you miss the 90-day deadline to contest a will in West Virginia, you may lose your right to challenge the will. The court typically will not accept late filings unless there are exceptional circumstances. It's important to act quickly and consult with a local attorney if you believe you have grounds to contest the will.