Contested Wills in Stamford, Connecticut

Find the right Contested Wills attorney in Stamford, CT

In Stamford, Connecticut, there is a process through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

Occasionally, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the general reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

Nonetheless, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Stamford, Connecticut?

A court in Stamford, Connecticut will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Normally, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If you successfully contest the will in Stamford, Connecticut, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that normally happen during a person's life. Normally, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Stamford, Connecticut Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A seasoned lawyer in Stamford, Connecticut can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Stamford

Stamford is located in the greater New York metropolitan region, is the fourth largest city in the state and the eighth largest city in New England. It has a population of about 122,643 people.

Popular attractions primarily comprise of parks and recreational sites. Some attractions include Cummings Park, Terry Connors Ice Rink, Scalzi Park, Mill River Park, and Cove Island Park. Other popular sites to visit include the Stamford Museum and Nature Center, Barlett Arboretum and Gardens, Stamford Center for the Arts and the Stamford Symphony Orchestra.

Stamford is a diverse area with all races, including Caucasian, African-American, Asian, and Hispanic. As a result, many residents are bilingual.

Many large companies have office locations in Stamford. These companies include World Wrestling Entertainment, Tasty Bite, Pitney Bowes, UBS and the Royal Bank of Scotland. Stamford is also home to many law firms and offices which train many competent attorneys to handle any and all legal inquires.

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