In this video attorney Curt Runger explains how much a will contest will cost you if you decide to sue. View the video below or see the transcript to hear Curt’s explanation.
My name is Curt RUnger and I’m an attorney in Memphis, Tennessee and I help give my clients peace of mind. After the death of a loved one by navigating them through the probate process. So, probably the most common question that I’m asked regarding will contest matters is how much does it cost. And the answer is, it costs a lot. I mean will contests, are some of the most expensive lawsuits out there, so you do not have any business, even considering filing a will contest unless the amount of money in controversy is substantial and by substantial. I really mean you need at least a couple hundred thousand dollars as a practical matter to be in dispute that could justify having a will contest lawsuit and the reason why is because you have to treat every single lawsuit, like it’s going to go all the way to trial. In order to advance a will contest suit, all the way to trial. And it’s going to cost you 10s of thousands of dollars okay and attorneys fees. As a matter of fact, the minimum retainer that I will personally charge in attorneys fees to handle it will contest a lawsuit is 70 $500 and that is for attorneys fees. And the reason why it’s so expensive is this. First of all, will contest lawsuits are tough to win. If you’re the one trying to challenge them. And if you’re trying to challenge capacity on the part of the test data, you’re going to have to have expert medical proof in order to do that, so what is involved in that is actually subpoena having all sorts of medical records going through those records, and then actually taking doctors depositions, and in possibly retaining expert witnesses to testify at a deposition that the test date or lack of capacity to execute a last will and testament it’s a really expensive thing to do. And it’s expensive, not only because you’re paying the lawyers to actually do this work, but you also have to pay the doctors and the experts to testify as well. Another reason that they’re expensive is because they’re very fact intensive which means that if we’re working a will contest lawsuit. There are a lot of fact depositions that we have to take so we have to depose all of the various witnesses who have information about the, the health or the circumstances surrounding the, the execution of last will and testament or the health of the test data. And then if you’re taking the matter to trial. It’s going to be expensive as well because these things, you know oftentimes you know trials on these things can last several days so the answer to the question is how expensive are contests. I hate to discourage people but they’re very expensive so this is something that you need to know on the front end before you haul off and think about filing a will contest lawsuit because you’re going to, you’re going to be told this by an attorney, it doesn’t matter if it’s my, my office or another attorney if it’s an attorney who knows what they’re doing, they’re going to tell you that will contest are expensive. That being said, Sometimes they’re worth it. There’s a lot of money at stake. You got to do it, you got to do it, especially if you believe in your heart that that you’re right and the intent of the test data is not being honored, or this is not about will or there’s some bad actors involved who have unduly influence or unduly influence the test data. If you have any questions about well contest please give me a call.
If you have any further questions do not hesitate to call Curt or his team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions about will contest process.