Contested Wills in Hobart, Indiana

Find the right Contested Wills attorney in Hobart, IN

In Hobart, Indiana there are specific procedures authorizing certain people to challenge the validity of a will. This is identified 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 considerable 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.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Hobart, Indiana?

There are various reasons that a court in Hobart, Indiana might invalidate a will.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Typically, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Hobart, Indiana, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Hobart, Indiana 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 Hobart, Indiana 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 Hobart

If you're not from Hobart than you may like to know it's been dubbed "Ho-bert" by the 26,000 Lake County locals. The city covers 26.7 square miles of Indiana. Hobart is situated in the extreme northwest of the State of Indiana and is just a stone's throw from Lake Michigan. The city's close proximity to the lake makes it popular among residents and vacationers alike but also among professionals working in Chicago, Illinois. Hobart is 31 miles from downtown Chicago and provides a sanctuary for professionals seeking a suburban setting. It's also popular because the cost of living in Hobart and Indiana is much less than that of Chicago. Over half of the people living in Hobart reported they were married and the residents' median income is ,000 each year. A number of Hobart citizens are also lawyers by day. Hobart lawyers are experienced with local courts and different cases, they're well acquainted with many different areas of law.  

The city of Hobart offers a wide range of recreational opportunities. The two most popular outdoor attractions are Lake George and the Indiana Dunes National Lakeshore. Lake George is a warmer and more low-key alternative to nearby Lake Michigan. Aside from fishing and bird watching, the lake also features live music and swimming areas.   

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