Contested Will Attorney Fridley MN
A Will contest usually occurs after somebody becomes disappointed with how an estate is to be paid out under a Will.
Three Most Common Will Challenges:
- That the will is not technically legitimate (improperly witnessed or signed, etc.);
- That there was some sort of undue influence on the person making the Will;
- That the person was lacking mental capacity when he/she created the will.
All of the above situations occur in Fridley, and when they do, it is the right course of action to investigate and contest the Will, if justified. However, Will contests are certainly preventable if an attorney assists with the Will drafting and signing process. Your attorney will ensure that the Will is technically correct, while also being watchful for capacity and undue influence. If there are any discrepancies in these matters, your attorney at Kallemeyn & Kallemeyn will take the necessary steps to ensure the issues do not invalidate the will.
We can ascertain capacity by obtaining a doctor’s opinion that a person has the sufficient capacity to draft a Will. To have capacity to create 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 figure out a rational judgment regarding all the aforementioned factors. So, even if a person has periods when he or she is incapable of understanding these factors, if, at the time the will is signed, the person has understanding, the person then has the capacity to draft the Will.
A Will has been unduly influenced when it is not the product of the desires of the person who is making the Will, but rather the outcome of influence or control of someone else. Claims of undue influence can often be deterred if the attorney meets separately with the person who is making the Will to examine the issues – away from anyone who might be trying to influence the Will – and verify that it is the desires of the person making the Will that will be carried out.
If there is a Will contest in Fridley, at the very least, the cost of administering the estate will potentially triple because there may need to be a trial to address the points in question. At worst, the Will could be found invalid, and the estate will not be distributed in accordance with your wishes. Contact us to ensure that your Will in Fridley cannot be contested by anyone, or if you believe a Will should be investigated for any of the above reasons.
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