Contested Wills in Marion, Iowa

Find the right Contested Wills attorney in Marion, IA

In Marion, Iowa, there is a procedure through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

Sometimes, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.

If a massive 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.

However, 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 Marion, Iowa?

A court in Marion, Iowa will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will obtained through duress (a threat of harm, normally 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.

A will can also be rejected 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 example) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Marion, Iowa might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, normally passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Usually, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Marion, Iowa Contested Will Attorney Help?

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

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

Life in Marion

Marion, Iowa is a city of about 35,000 people, located in Linn County, Iowa. The city was named after Francis Marion, a hero of the American Revolutionary War. It was the first county seat of Linn County, but that designation was later moved to Cedar Rapids.

Marion has a relatively high median household income for its region; about ,000. The percentage of its population living below the poverty line is much lower than the national average. It is currently about 5%.

Marion, Iowa is well known for its corn production, like much of Iowa. Marion, Iowa has two museums focusing on the history of there area.

Marion also hosts regular summer concerts in its parks, where residents can, free of charge, see musicians perform in the park. Marion, Iowa has many parks and recreational options for residents and visitors alike.

If you are looking for an attorney, and happen to live in Marion, Iowa, and are in need of a good attorney, you can probably find one. There are many Marion, Iowa attorneys who can handle a wide variety of cases.

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