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Posted on Tuesday, February 16th, 2016 by Peter Klenk

Addressed in today’s “Ask a Question” mailbag, Where is a Chester County Will Contest held?

I believe my brother got my father to change his Will using undue influence.  If I decide to challenge the Will, where is the trial? Is the process long?”

The Chester County Orphans’ Court Hears A Chester County Will Contest.

If the deceased person was a Chester County resident, then his Will is filed in Chester County.  If you have standing to challenge the Will, a Chester County Orphans’ Court judges hears the Chester County Will Contest.

How to Start a Chester County Will Contest.

The Orphans’ Court is a particular court tasked with overseeing several types of cases, including Will Contests.  Your case will end up in the Orphans’ Court if you challenge the Will with a timely petition.  The process is complicated, and specific procedures required. Not following these procedures may result in dismissal.

Chester County Will Contests Sometimes Settle.

As to how long the Will Contest will take, there are many factors.  In many cases, Will Challenges settle before a trial.  It is costly to gather medical records and take depositions.  Some parties find it wise to compromise.  If the case settles, the parties could agree to terms in a matter of weeks or months.  Or it could be on the courthouse steps in West Chester minutes before trial.

A Chester County Will Contests Could Take Over a Year.

If a Will Challenge case progresses to trial, that process could easily take more than one year. A Will Challenge is a marathon, not a sprint.

Let Us Explain the Chester County Will Contest Process.

In conclusion, we have a team of litigators focusing exclusively on estate litigation.  Consequently, Will Contests are not a part time pursuit; they are what we do.

Our team would be glad to walk you through your options over the phone or in person.  Please feel free to Contact our office for a free consultation.  We try to make this process as painless as we can.

 

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

Peter Klenk, Esq., LL.M.

About the Author: Peter Klenk

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Peter Klenk is the founding member of Klenklaw, a six attorney, boutique estate planning law firm.  We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida.  Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School.  He served his country in the Navy JAGC during Desert Storm.  Easy to talk to, feel free to call Peter for an appointment.  We will make the process as easy as possible!

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