Contested Wills in Buckeye, Arizona
In Buckeye, Arizona, there is a process through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."
A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, particularly if the testator's motives are not clear. They will usually assume that the will must be a forgery, or a result of fraud or force.
If a large amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.
Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.
When Can a Will be Contested in Buckeye, Arizona?
There are various reasons that a Buckeye, Arizona court might hold a will to be invalid.
For instance, 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 significant initial suspicion of something improper happening. Of course, those facts alone are not nearly 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 heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.
If a Buckeye, Arizona will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.
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Can a Buckeye, Arizona 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 reputable lawyer in Buckeye, Arizona can be very helpful in making sure that this process goes as smoothly as possible.
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Life in BuckeyeApproximately 50,876 people call Buckeye, Arizona home. Buckeye is located in Maricopa County and is a popular suburb of Phoenix.
What is great about Buckeye is that it is a small area filled with diversity! Buckeye is home to Native Americans, Asians, Blacks, Whites, Hispanics, and Latinos. Alongside the diversity is the area's well-planned structure. Buckeye has about thirty well planned communities, not including the commercial areas. Popular attractions include Douglas Rance, Sun Valley Villages, Spurlock Ranch, Southwest Ranch, and the Sundance Towne Center.
Being a part of Phoenix, Buckeye residents have prominent law firms with excellent attorneys nearby to handle their legal needs. Phoenix has law firms of all sizes, with attorneys practicing in all areas of law. Therefore, no legal inquiry can remain unattended.
Overall, Buckeye is a perfect example of a close Arizona community that enjoys the quiet desert ambiance, yet is close enough to the metropolitan area of Phoenix. All in all, Buckeye residents enjoy the best of both worlds!