Contested Wills in Fort Wayne, Indiana

Find the right Contested Wills attorney in Fort Wayne, IN

In Fort Wayne, Indiana there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."

Sometimes, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If a lot of money, or some particularly valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is really true or not.

You should remember that a will contest commonly results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Fort Wayne, Indiana?

Of course, a Fort Wayne, Indiana court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

So, you've succeeded in contesting the validity of a Fort Wayne, Indiana will. What happens to the property that was going to be distributed according to its terms? Typically, 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." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually 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. Thus, the old will can be given effect.

Can a Fort Wayne, Indiana Contested Will Attorney Help?

Because a will contest can sometimes involve complicated legal and factual questions, as well as some very raw emotions, a skilled Fort Wayne, Indiana attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Fort Wayne

Fort Wayne, Indiana gives visitors the small-town feel that makes Indiana so great. Along with the small town community-feel, Fort Wayne has a lot of things for visitors to do.

For the nature lovers, they can visit Foellinger-Freimann Botanical Conservatory, which is famous for the display of beautiful plants, shopping, and family outings. Another site great for family outings is the Fort Wayne Children's Zoo, which includes great restaurants and cafes and wonderful exhibits of animals!

Sports lovers will have their sports-loving needs catered to with the Fort Wayne TinCaps Baseball Stadium and Parkview Field. The nature lovers have Rivergreenway Trail, and Headwaters Park.

Other popular attractions include Hoosier Park Racing Casino for the adventurous risk-takers, Fort Wayne Civic Theatre for those who love shows, and Veterans Memorial National Shrine, which holds over 5,000 artifacts from the Civil War for all the visitors who are history-buffs.

Fort Wayne is also filled with many small to medium sized law firms who practice in all areas of law. Thus, Fort Wayne citizens do not have to travel far to receive personalized and effective legal representation.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH