Contested Wills in Kokomo, Indiana

Find the right Contested Wills attorney in Kokomo, IN

In Kokomo, Indiana there are particular procedures permitting certain people to challenge the validity of a will. This is recognized 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 massive 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 Kokomo, Indiana?

There are many reasons that a court in Kokomo, Indiana might invalidate a will.

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.

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.

If the contest is successful, a court in Kokomo, Indiana 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 Kokomo, Indiana Contested Will Attorney Help?

Contesting a will is often hard, and never fun. However, the entire process can be made more bearable if you have the help of a reliable Kokomo, Indiana attorney, and the process will probably be much more manageable.

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

Life in Kokomo

Kokomo is located in Howard County, Indiana. It is Indiana's thirteenth largest city and is home to around 45,500 people.

Some popular sites in Kokomo include Howard County Historical Society, Kokomo Beach, The Sycamore Stump, Old Ben, City of Firsts Automotive Heritage Museum, and Elwood Haynes Museum.

Kokomo's top employers include Chrysler LLC, Delphi Corporation, GM Components Holdings LLC, Haynes International, Holder Mattress, Syndicate Sales, Inc. and Coca-Cola. To support these businesses, Kokomo has many attorneys whose practice can take care of the legal needs of these corporations. Also, for complex legal matters, Kokomo residents can look to nearby Chicago's legal force to deal with legal issues that seem impossible.

Some famous residents include Sylvia Jane Kirby, Jim Ligon, Strother Martin, John O'Banion, Jimmy Rayl, Tavis Smiley, and Marc Pohlman.

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