Contested Wills in Kansas City, Kansas

Find the right Contested Wills attorney in Kansas City, KS

In Kansas City, Kansas there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."

There are several reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.

If there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest 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 severe and irreversible damage to family relationships.

When Can a Will be Contested in Kansas City, Kansas?

Courts in Kansas City, Kansas will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

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 usually 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. Further, 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 valid will, the person 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 Kansas City, Kansas will. What happens to the property that was going to be distributed according to its terms? Typically, 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." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually 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. Thus, the old will can be given effect.

Can a Kansas City, Kansas Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a brilliant Kansas City, Kansas 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 and Estates Law Attorney now!

Life in Kansas City

Kansas City is the third-largest city in the state of Kansas, with a population of over 145,000 people. It is also the county seat of Wyandotte County, Kansas.

Kansas City, Kansas was formally founded in 1868, and incorporated in 1872. Modernly, Kansas City, Kansas has a large and diversified economy. It is home to a major manufacturing plant owned by General Motors, which builds the Chevy Malibu and Buick LaCrosse, employing about 2,700 people.

In 2011, Google announced that Kansas City, Kansas has been selected to participate in its experimental Google Fiber project, which will deliver super-fast internet to members of the community, at no cost to the city, and low cost to the consumers.

For a city of its size, Kansas City, Kansas has a large public library system, making it a convenient place for lawyers to practice, thanks to the abundance of low-cost research materials.

If you need a lawyer in Kansas City, Kansas, chances are good that there's a Kansas City, Kansas attorney who can help you with whatever legal problem you might be facing.

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