Contested Will Attorney Andover MN
A Will contest typically occurs when someone is disappointed with the way an estate is to be paid out under a Will.
Three Most Common Will Challenges:
- That the will is not technically correct (improperly witnessed or signed, etc.);
- That there was undue influence on the person making the Will;
- That the person lacked mental capacity to make the will.
All of the above situations occur in Andover, and when they do, it is proper to investigate and contest the Will, if justified. However, Will contests are easily avoided if an attorney assists in the Will drafting and signing. Your attorney will ensure that the Will is technically correct, and inquire about undue influence and capacity. If there are any issues in these areas, your attorney at Kallemeyn & Kallemeyn will take the steps that are necessary to make sure the issues do not invalidate the will.
We can establish capacity by obtaining a doctor’s opinion that a person has the proper capacity to make a Will. To have capacity to make a Will, a person must understand the nature, situation and extent of his or her property; the claims of others on that property, and is able to hold these things in his or her mind long enough to form a rational judgment based on these factors. So, even if a person has periods when he or she is unable to understand these things, if, when the will is signed, the person has understanding at the moment, the person has capacity to make the Will.
A Will has been unduly influenced when it is not the result of the wishes of the person making the Will, but the result of the influence or control of another. Claims of undue influence can often be avoided if the attorney meets separately with the person making the Will to discuss this issue, away from anyone who might be attempting to influence the Will and confirm that it is the wishes of the person making the Will that are being carried out.
If there is a Will contest in Andover, at the very least, the cost of administering the estate will most likely triple because there may need to be a trial of these issues. At worst, the Will can be found invalid, and the estate will not be divided with regards to your wishes. Contact us to ensure that your Will in Andover cannot be contested by anyone, or if you believe a Will should be investigated for any of these reasons.
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