Contested Will Attorney Coon Rapids MN

A Will contest most often occurs after someone becomes disappointed with how an estate is to be paid out under a Will.

Three Most Common Will Challenges:

  1. That the will is not technically correct (improperly witnessed or signed, etc.);
  2. That there was undue influence on the person making the Will;
  3. That the person lacked mental capacity to make the will.

All of the above situations occur in Coon Rapids, and when they do, it is proper to investigate and contest the Will, if justified. However, Will contests are readily avoidable if an attorney helps with the Will drafting and signing process. Your attorney will ensure that the Will is technically correct, while also scrutinizing capacity and undue influence. If there are any discrepancies 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 acquiring a doctor’s opinion that a person has the sufficient capacity to draft a Will. To have capacity to draw up a Will, a person must understand the nature, situation and extent of his or her property; the claims of others on that property; and must be able to hold these things in his or her mind long enough to form a rational judgment regarding all the aforementioned factors. So, even if a person has moments when he or she is incapable of understanding these things, if, at the time the will is signed, the person has understanding, the person then has the capacity to make the Will.

A Will has been unduly influenced when it is not the product of the wishes of the person who is making the Will, but rather the result of influence or control of another person. Claims of undue influence can usually be avoided if the attorney meets separately with the person who is 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 Coon Rapids, 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 point in question. At worst, the Will could be found invalid, and the estate will not be divided in accordance with your desires. Contact us to ensure that your Will in Coon Rapids cannot be contested by anyone, or if you believe a Will should be investigated for any of the above reasons.

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