Sarah was sitting at her kitchen table and looking at the letter. Her aunt had died three months before, and now a cousin whom she hardly knew as a child was demanding half of the property. The title of the document, Notice of Inheritance Claim, was a kick to the stomach.
I have cases of this scene being reenacted dozens of times over the five years I have worked. What begins as mournings usually ends in disorder, rage, and trial drama. I will take you through the steps involved when one makes an inheritance claim against an estate, and more so, what you can do about that.
What Is a Notice of Inheritance Claim?
An inheritance claim is an administrative document that a person provides when he/she thinks that he/she ought to have been part of an estate but is not represented in a will, or when he/she feels that a will was not written according to what he/she should given.
Consider it as a person in the middle of the estate division waving his hand and saying, Wait, I want a lay of this.
These claims pop up for several reasons:
- A family member was left out of the will entirely
- Someone believes the will was changed under pressure or manipulation
- The deceased promised property or money that isn’t mentioned in the will
- Questions about who qualifies as a legal heir
- Disputes over what “fair share” actually means
The Emotional Weight Behind the Papers
It is what the legal textbooks will not tell you: inheritance battles are not all about money.
I had a case last year with two brothers who had ceased communicating over a modest estate, which was worth millions, that was left to us as a legacy from our father. The real fight? One of the brothers felt that their father loved the other son more than he loved him since he received the family fishing boat.
Money acts as a substitute to love, approval, and decades of family relationships. The mother who favored, all the time. The other sibling that has gone away and left everybody behind. The nanny who gave her life to assist during those last years.
When a person makes an inheritance claim he/she is usually telling him/her: I was important as well. The relationship I had with the deceased was valuable.
The knowledge of this emotional stratum makes it easier to look at these situations with a better eye, even when the legal fight is not quite so clear.
Who Can File an Inheritance Claim?
Nobody can march into a probate court and declare bankruptcy. According to the law, there are rules regarding who can make a challenge to an estate.
Immediate family members have the strongest position. This includes:
- Spouses (including some common-law partners, depending on your state)
- Children, including adopted kids and sometimes stepchildren
- Parents of the deceased
- Siblings
Extended family can sometimes file claims if:
- No closer relatives exist
- They were financially dependent on the deceased
- They can prove a valid legal relationship
Non-family members face an uphill battle but might have a case if:
- They have a written agreement or contract
- They provided care in exchange for promised inheritance
- They can demonstrate financial dependence
I once dealt with a case where a long-term neighbor was able to claim part of an estate. She had eight years of experience with the elderly woman; the promises of the deceased therein were dozens of letters. It was a settlement of the family as opposed to a trial by a jury.
Common Reasons People Contest a Will
Lack of Mental Capacity
This is the big one. Provided one can demonstrate that the dead person did not know what he was committing to as he was signing the will, the entire will can be discarded.
Red flags include:
- The will was signed during a hospital stay or serious illness
- Medical records show dementia, Alzheimer’s, or heavy medication use
- The will makes bizarre decisions that don’t match the person’s values
- Recent, sudden changes that benefit one person dramatically
Undue Influence
This occurs when an individual coerces or influences the dead to alter their will.
Imagine this: An adult child has moved in with their aging parent and then isolates their parent from the rest of the family members, and suddenly a new will has been discovered in which the adult child is given everything. That is book unfair treatment.
Courts look for:
- The beneficiary had access and opportunity to influence
- The deceased was vulnerable (ill, elderly, dependent)
- The beneficiary actively participated in creating or changing the will
- The new will makes no sense given prior wishes
Fraud or Forgery
Sometimes wills are just fake. Someone might:
- Forge the deceased’s signature
- Lie about what the document says
- Trick the person into signing something they think is different
- Create a will after the person already died
These cases often involve handwriting experts and document examiners.
Failure to Follow Legal Requirements
Every state has rules about valid wills. If these aren’t followed, the will fails:
- Not enough witnesses (most states require two)
- Witnesses who benefit from the will (huge no-no)
- Lack of the deceased’s signature
- No proof the person knew they were signing their will
The Claims Process: Step by Step
Step 1: Filing the Claim
The person challenging the will files paperwork with the probate court. This includes:
- A petition explaining why they’re contesting
- Evidence supporting their position
- Filing fees (usually $200 to $400)
- Proof they have standing to bring the claim
The timelines appointed to the will most states after it goes into probate are tight. You miss the deadline and it is too bad. This is between a year and a couple of months depending on the place you live.
Step 2: Notifying All Parties
Everyone with an interest in the estate gets notice. This includes:
- All beneficiaries named in the will
- Potential heirs if there was no will
- The estate executor
- Anyone else who might have a claim
This is where things get uncomfortable. Family group chats go silent. Thanksgiving dinner becomes awkward.
Step 3: Discovery and Evidence Gathering
Both sides collect evidence:
- Medical records
- Financial documents
- Prior wills or estate plans
- Emails, letters, and text messages
- Witness statements from people who knew the deceased
I have worked on one case, which took me three months, and we analyzed 4,000 text messages between a father and a daughter. The messages displayed evident mental ability up to the time of his death, which annulled the claim of the contesting party.
Step 4: Mediation or Settlement Talks
Sophisticated attorneys insist on a settlement. Criminal trials are costly, lengthy, and uncertain.
The middle ground is achieved by a mediator. Perhaps the party that is difficult to deal with receives a reduced portion rather than none. Possibly, they inherit certain property that has sentimental values.
Approximately 90% of the cases of inheritance are resolved out of court.
Step 5: Court Hearing or Trial
If settlement fails, you go to court. A judge (sometimes a jury) hears evidence and decides:
- Is the will valid?
- Should the challenger get anything?
- What does a “fair” distribution look like?
Trials can take 12 to 18 months from filing to final judgment.
How to Respond If Someone Claims Against an Estate You’re Managing
It is a personal thing to be struck by an inheritance claim, as an executor, when it is not really about you.
Don’t panic. Take these steps:
Gather Your Documents
Pull together:
- The original will and any previous versions
- Medical records from around the time the will was signed
- Financial statements showing the estate’s value
- Communications with the deceased about their wishes
- The will’s signing ceremony details (who witnessed it, where, when)
Hire an Estate Attorney Immediately
This isn’t a DIY situation. Estate litigation gets technical fast.
Your attorney will:
- Review the claim’s legal merit
- File a response before the deadline
- Protect you from personal liability
- Handle communication with the challenging party
Pro tip: Many estates pay legal fees from estate funds, not your personal bank account. Ask your lawyer about this.
Stay Professional
I know it’s hard when your brother accuses you of manipulating Mom. But:
- Don’t discuss the case on social media
- Keep all communication in writing
- Never destroy documents or emails
- Be honest with your attorney about everything
One executor that I had to associate with wrote a furious Facebook rant of his greedy sister. Those posts also turned out to be the evidence that he was unfriendly to her legitimate concerns. It weakened our position.
Consider the Relationship Cost
Sometimes, you’ll win the legal battle but lose the family.
Before you dig in for war, ask yourself:
- Is this amount of money worth years of fighting?
- Will this destroy relationships that matter to me?
- What would the deceased actually want?
I’ve seen people spend a fair amount of money in legal fees fighting over millions of estate. They “won” but at the cost of losing money and family.
Protecting an Estate from Future Claims
In case you are developing your own estate plan or that of someone else, you can minimize the possibility of future quarrels.
Use a No-Contest Clause
This is a provision that says: Challenge this will and lose, and you have nothing.
It does not prevent all the difficulties, but it helps people to reconsider. A person who is an heir of the $50,000 will be reluctant to lose it in a dubious assertion.
Limitation: No-contest clauses fail when one was totally disinherited in the will. There is nothing that they do not possess to threaten to strip away.
Document Mental Capacity
With an aged or sick individual, make sure that their doctor certifies their mental capacity during the will signing. A simple letter stating:
“I examined Mrs. Johnson on May 15, 2024. She was aware of the type of her assets, her relatives, and her vision concerning the allocation of her wealth.
This is a small step that overcomes the majority of capacity challenges.
Use a Living Trust
In a trust that is well-funded, the assets are not subjected to probate. No probate implies no public to dispute.
Trusts will be more expensive initially but will help save headaches in the future.
Have an Honest Conversation
The most effective inheritance fighting defense? Discuss it when everybody is still alive.
Father, why are you going out with Katie and not me?
Maybe there’s a good reason. Katie sacrificed her career to attend to him. She requires the house as she is a single parent. Whatever it is, being aware of the reasons why will help avoid the questions of what if in the future.
What Happens If the Claim Succeeds?
Let’s say the challenger wins. What now?
The Will Gets Modified or Thrown Out
The court might:
- Invalidate the entire will (estate divides under state law)
- Remove only the contested portions
- Reinstate an earlier version of the will
- Order a new distribution plan
Distribution Gets Recalculated
If you already distributed assets, this gets messy. The court might:
- Order beneficiaries to return property
- Require financial payments to make things equal
- Assign monetary values to non-cash assets already distributed
The Estate Pays Legal Fees
In the majority of cases, the attorney fees are paid by the estate to both parties, at least partially. It implies that the inheritance is made smaller by everybody.
A half-million-dollar estate that engaged in a legal battle worth 100,000 is now half a million. All lose except the lawyers.
Real-World Examples From My Casework
The Second Wife Situation
At the age of 72, a man got married to a second wife. His adult children by his first wife saw their inheritance that would have been divided into four share equally on one side and mainly on the other side to stepmom.
They disputed and said she took advantage of him. We demonstrated that she had no idea whatsoever about his fortune when they get married, and he had even explained to his lawyer (videotaped) what he was altering his estate plan.
The children lost and spent Millions in the attempt.
The Handwritten Will
The caretaker won, but barely. Written wills are legal but are suspicious. In case the woman has hired an attorney, no fight would have ensued.
The nephews challenged. We had to prove:
- She wrote it herself
- She understood what she was doing
- She wasn’t under pressure
The caretaker won, but barely. Handwritten wills are legal but raise red flags. If the woman had used a lawyer, there wouldn’t have been a fight.
The Promised Farm
A son had toiled 20 years on his parents’ farm, thinking he was going to get it. The bequest of the will left the farm to his sister because she requires financial support.
He sued, claiming a contract. We received emails from Dad saying the farm was to be the property of the day. The sister made peace with him, and half the value of the farm.
Moral: Although there is no written will, promises can be of importance.
How Long Does This Process Take?
Plan for the long game:
- Simple claim resolved through settlement: 4 to 8 months
- Moderate dispute with discovery: 10 to 14 months
- Full trial with appeals: 18 to 36 months
- Complex cases with multiple claims: 3 to 5 years
One case I worked on took four years. By the time it ended, legal fees had consumed 40% of the estate value.
Costs You Should Expect
Inheritance litigation isn’t cheap:
- Attorney fees: $250 to $500 per hour for estate lawyers
- Expert witnesses: $3,000 to $10,000 (doctors, handwriting analysts, etc.)
- Court costs and filing fees: $500 to $2,000
- Mediation: $2,000 to $5,000
- Trial costs: Can run $50,000 or more for complex cases
Some attorneys work on contingency (they get a percentage if you win), but this is rare in estate cases.
When You Should Walk Away
Sometimes the right answer is dropping the claim or settling for less.
Walk away if:
- Legal costs will eat up most of what you might win
- The evidence against you is overwhelming
- The emotional toll is destroying your health
- Family relationships matter more than the money
- You’re fighting over principle, not actual need
I tell clients: “You can be right, or you can be at peace. Sometimes you can’t be both.”
Preventing Inheritance Fights in Your Own Estate Plan
If this article has you worried about your own estate, good. That means you’ll take steps now to prevent fights later.
What to do today:
- Create a clear, legally valid will. Use an attorney, not an online template.
- Explain your choices. Write a letter (not part of the will) explaining why you made specific decisions.
- Update regularly. Life changes. Your will should too.
- Consider equal vs. fair. Equal isn’t always fair, but unequal splits invite fights. Think carefully.
- Name a neutral executor. Sometimes a bank or attorney creates less drama than a family member.
- Fund accounts with beneficiary designations. Life insurance, retirement accounts, and bank accounts with “payable on death” designations skip probate.
Just like how a proper notice to vacate prevents landlord-tenant disputes, or a notice to pay rent or quit addresses payment issues before eviction, clear estate planning prevents inheritance battles before they start. And similar to how a notice to cure lease violation gives tenants a chance to fix problems, having open conversations about your estate gives family members a chance to understand and accept your wishes while you’re still here to explain them.
Final Thoughts
Claims of inheritance reveal the darkest secrets of the family. The legal struggle is superficial. Below, there is typically decades of pain, envy and invisibility.
Five years in this profession and I have learned that not necessarily the wealthiest estates are the healthiest. They are the ones that people were able to communicate freely, tell why they did things and not to forget that relationships lasted longer than bank accounts.
When you are dealing with an inheritance claim, keep in mind: this is no easy thing, but you can survive. Get good legal help. Keep your emotions in check. Focus on facts, not feelings.
And when you set up your own estate, please your family. Get the unpleasant discussions out of the way. Put things in writing. Make your wishes clear.
Since you can leave the best inheritance that is not money. It is a family that still addresses you even when you are out of the home.
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