Contested Wills in Glendale, Arizona

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In Glendale, 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 frequently 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 Glendale, Arizona?

A court in Glendale, Arizona 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.

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.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If a Glendale, 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 Glendale, Arizona Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Glendale, Arizona attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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Life in Glendale

Glendale, Arizona is a beautiful residential community located west of Phoenix, Arizona.  For those who think there is nothing to do in residential communities, Glendale proves them wrong!  Glendale has a variety of sites for tourists to visit, and plenty of things for people to do.

Glendale is home to many attractions that exploit the beauty of nature.  For instance, Historic Sahuaro Ranch is a 17 acre property with seventeen ranch buildings to tour, along with a beautiful rose garden.  Popular events such as the Antique Tractor and Engine show are held in this venue.  

For all the sports fanatics out there, Camelback Ranch is located in Glendale.  This ranch is known because the Los Angeles Dodgers and Chicago White Sox share this venue for spring training during baseball season.

To accommodate the needs of those who love the outdoors, Glendale has a very popular attraction known as White Tank Mountain Regional Park.  White Tank Mountain Regional Park has approximately 21 miles of hiking and biking trails, with one that even has a waterfall!  For children, the park has hiking and biking trails that are of lower levels of difficulty, as well as Petroglyph Plaza for children to express their creative skills.

The Xeriscape Botanical Garden, considered one of the best demonstration gardens in Arizona, has over 1,000 types of desert plants over 4 acres.  The garden also has many walking paths so that visitors can stroll and enjoy nature.  Tourists can also enjoy the walking and hiking trails at Thunderbird Park.  The park, located over 1,000 acres of dessert preserve, has picnic sports and horseback riding along with the trails for hiking and walking.  

Other popular attractions in Glendale include Arrowhead Town Center and Westgate City Center, two great places to catch a movie, eat at delicious restaurants, or shop till you drop!

With Glendale being very near to Phoenix, Glendale residents have the opportunity to access the Phoenix legal market for their needs.  Many attorneys and major law firms have offices in Phoenix, Arizona.  Therefore, Glendale residents can rely on the best firms with the sharpest legal minds to handle their legal needs.  

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