Contested Wills in Hammond, Indiana

Find the right Contested Wills attorney in Hammond, IN

In Hammond, Indiana there are certain procedures allowing certain people to challenge the validity of a will. This is known as a "will contest" or "contested will."

Occasionally, 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 specifically 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 actually true or not.

You should remember that a will contest often results in adversarial legal proceedings, which can be very combative. 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 Hammond, Indiana?

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

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are typically made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Also, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

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 Hammond, Indiana will. What happens to the property that was going to be distributed according to its terms? Generally, 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." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically 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. Therefore, the old will can be given effect.

Can a Hammond, Indiana Contested Will Attorney Help?

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

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

Life in Hammond

Hammond is located in Indiana's Lake County. It is near Chicago and is home to around 80,830 people.

Hammond's top employers include Cabelas, British Petroleum, Indiana Harbor Belt Railroad, Tortilla Nuevo Leon, Jupiter Aluminum, Unilever, Lear Corporation, Horseshoe Casino, Dietrich Industries, and Cargill. To support all these businesses, Hammond is home to many competent attorneys who practice in corporate law. Additionally, Hammond residents and businesses have the legal force in nearby Chicago to also tend to their needs. Chicago is home to many large law firms, ivy-league educated attorneys, and mid to small size firms that focus on providing personalized legal services.

Some famous people who have called Hammond home include Jimmy Valiant, Jordan Schafer, Scott Sheldon, Fritz Polland, Jeremy Jordan, George Groves, Danella Folta, Hal Faverty, Darrel Chaney, and Robert K. Abbett.

All in all, Hammond offers residents a wonderful quality of life!

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