When you plan to file a family provision claim, the first thing you must do is to hire a family provision lawyer. He would know the next steps in getting what you rightfully deserve. If you are involved in a situation that concerns family provision, here are questions that are usually asked:
What is a family provision claim?
It is a claim that is made by a person requesting to receive a larger share from the estate of an individual who recently died. You are qualified to file a claim if you think you were left out of the deceased person’s will or you think you didn’t receive enough of what you were supposed to. One important thing to remember is that it must be filed within a year after the person has died. If it was filed a year and a half after the person died, it won’ t be considered valid anymore.
Who is entitled to make a family provision claim?
After a wealthy person dies, there is a huge possibility a lot of people will want a share to the riches he left behind. These people include an ex-spouse, an adopted child, an individual living in the same house as the deceased and the legal partner. If you are one of those people, that’s definitely good news. The will can have a lot of conditions so better seek legal advice from a good counsel to find out if you have the chance of getting a share of the dead person’s estate.
What will be the factors taken into consideration?
Before making a decision, the court will take a lot of things into consideration. These include the true relationship between the applicant and the deceased individual, whether or not the applicant has any disabilities, whether or not the applicant is financially supported by somebody else and the value of the estate the deceased person left behind.