An interested person may file caveat proceedings to challenge a particular Will or Codicil on various grounds, including lack of testamentary capacity at the time the document was executed, undue influence or fraud. There are strict time limits which apply to filing such proceedings and formal procedures must be followed. It is generally advisable to obtain legal counsel for such matters.
It used to be enough for a fiduciary and her attorney to simply search through a decedent’s or incapacitated person’s papers in his or her workplace and at home, watch the mailbox for a 90 day cycle, and review tax returns and account statements. Things are more complicated now and a fiduciary must take several more immediate steps with regard to digital assets.
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