In Sellersburg, 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.
Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.
When Can a Will be Contested in Sellersburg, Indiana?
A court in Sellersburg, Indiana will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.
For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.
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 Sellersburg, 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 Sellersburg, Indiana Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a seasoned Sellersburg, Indiana attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.