Contested Wills in Soldotna, Alaska

Find the Right Lawyer Now

In Soldotna, Alaska, there is a procedure through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."

A will is typically contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will typically assume that the will must be a forgery, or a result of fraud or force.

If a considerable amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Soldotna, Alaska?

There are various reasons that a court in Soldotna, Alaska might invalidate a will.

For example, a will obtained through duress (a threat of harm, typically physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

So, you've succeeded in contesting the validity of a Soldotna, Alaska will. What happens to the property that was going to be distributed according to its terms? Usually, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Consequently, the old will can be given effect.

Find a Soldotna Lawyer that Specializes in Your Area of Need:

Can a Soldotna, Alaska Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Soldotna, Alaska wills and estates attorney can minimize these problems, and make the process as painless as possible.

6 Wills, Trusts and Estates cases posted to LegalMatch lawyers in Soldotna

Contested Will Attorneys in the Largest AK Cities

Show Alaska Cities

Contested Will Lawyers in Other Alaska Cities and Towns


Find the Right Lawyer Now

Top Rated Lawyers

View attorney profiles and see how other LegalMatch users rate attorneys that may respond to your case.

Real Estate, Housing & Property Law Lawyer
LegalMatch Real Estate, Housing & Property Law Lawyer Paul K.

Paul K.

BAY, FL

Real Estate, Housing & Property Law

Rating (1 users) *
See Reviews
Employment and Labor Law Lawyer
LegalMatch Employment and Labor Law Lawyer Albert B.

Albert B.

SUFFOLK, NY

Employment and Labor Law

Rating (15 users) *****
See Reviews
Criminal Law Lawyer
LegalMatch Criminal Law Lawyer Lawrence W.

Lawrence W.

PORTAGE, OH

Criminal Law

Rating (1 users) *****
See Reviews
Employment and Labor Law Lawyer
LegalMatch Employment and Labor Law Lawyer Jeremy P.

Jeremy P.

CONTRA COSTA, CA

Employment and Labor Law

Rating (3 users) *****
See Reviews

Need a Lawyer?

No obligation - Lawyers compete for your case. Choose your issue & get started now: