Contested Will Attorney Ham Lake MN

A Will contest normally 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 legitimate (improperly witnessed or signed, etc.);
  2. That there was some undue influence on the person making the Will;
  3. That the person was lacking mental capacity when he/she made the will.

All of the above situations occur in Ham Lake, and when they do, it is proper to investigate and contest the Will, if justified. However, Will contests are definitely avoidable if an attorney helps with the Will drafting and signing process. Your attorney will make sure that the Will is technically correct, while also being watchful for capacity and undue influence. If there are any discrepancies in these areas, your attorney at Kallemeyn & Kallemeyn will take the necessary steps to ensure the issues do not invalidate the will.

We can establish capacity by obtaining a doctor’s opinion that a person has the sufficient 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 must be able to hold these things in his or her mind long enough to shape a rational judgment regarding all the aforementioned factors. So, even if a person has periods 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 draft 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 outcome of influence or control of someone else. Claims of undue influence can often be avoided if the attorney meets separately with the person who is making the Will to examine the issues – away from anyone who might be attempting to influence the Will – and confirm that it is the desires of the person making the Will that will be carried out.

If there is a Will contest in Ham Lake, 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 divided in accordance with your requests. Contact us to ensure that your Will in Ham Lake cannot be contested by anyone, or if you believe a Will should be investigated for any of the above reasons.

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