Ask a Lawyer - Archive

If you were misrepresented by a lawyer in an estate case, can you contest the will after it was already probated?

Your question lacks some important details. For example, what is your relationship to the deceased? Are you the named executor? What if anything were you left in the will? Was it less than you expected or thought fair? As for contesting a will after it has been probated, unless there was fraud and/or a coverup and the fraud or coverup came to light after the will was probated, there is probably little chance of reopening the probate proceeding. If you had all the facts and there was a hearing on the issues of a will contest, you have already had your chance to make your objections known. As far as malpractice is concerned, it is not likely to be sufficient reason to reopen the probate proceeding.