Contested Will Attorney Anoka MN
A Will contest most often 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 Anoka, and when they do, it is proper to investigate and contest the Will, if justified. However, Will contests are readily avoided if an attorney assists in the Will drafting and signing. Your attorney will ensure that the Will is technically correct, and scrutinize undue influence and capacity. If there are any issues in these areas, your attorney at Kallemeyn & Kallemeyn will take the steps that are required to ensure 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 draft 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 regarding all these factors. So, even if a person has moments when he or she is unable to understand these things, if, when the will is signed, the person has understanding at the time, the person has the capacity to make the Will.
A Will has been unduly influenced when it is not the outcome of the wishes of the person who is making the Will, but the result of the influence or control of another. Claims of undue influence can usually be avoided if the attorney meets separately with the person making the Will to discuss the issues – 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 will be carried out.
If there is a Will contest in Anoka, at the very least, the cost of administering the estate will most likely triple because there may need to be a trial to address the issues. At worst, the Will can be found invalid, and the estate will not be divided according to your desire. Contact us to ensure that your Will in Anoka cannot be contested by anyone, or if you believe a Will should be investigated for any of the above reasons.
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