Contested Wills in Boise, Idaho

Find the right Contested Wills attorney in Boise, ID

In Boise, Idaho, there is a process through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."

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

If a considerable 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in Boise, Idaho?

There are numerous reasons that a Boise, Idaho court might hold a will to be invalid.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

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.

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

Can a Boise, Idaho 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 reliable lawyer in Boise, Idaho can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Boise

Boise City is the largest city between Salt Lake City, Utah and Portland, Oregon. When you add on that Boise City acts as the Ada County seat, you begin to understand what an attractive city it is. The Boise River Greenbelt attracts nature lovers and is home to outstanding bird watching during migratory seasons. The World Center for Birds of Prey is nearby and is playing an integral role in repopulating endangered Peregrine Falcon and California Condor populations. For a closer look at the wild, Julia Davis Park and Zoo Boise offer a wide range of animals, over 200 to be exact, including African animals such as lions.

Boise City enjoys a strong economy as a growing high-tech, transportation, and hub of company headquarters. WinCo Foods, BodyBuilding.com, Clearwater Analytics, and Albertsons all have headquarters and manufacturing facilities in Boise City. Relative to the national statistics, Boise City enjoys a very low unemployment rate. Since so many Boise residents are hard at work, the city also boasts shockingly low crime statistics.

Boise is a safe prosperous community in which Ada County operates its major inner workings like the legal system. Ada County Courts in Boise City are responsible for handling a wide variety of cases like child custody, wrongful termination, probate, and criminal cases. A qualified cast of lawyers live in Boise City as well. Boise City lawyers are knowledgeable of local courts and procedures. Lawyers in Boise City can work with you to determine your best course of action whether you're thinking about bankruptcy or filing a personal injury lawsuit.

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