Contested Wills in Overland Park, Kansas

Find the right Contested Wills attorney in Overland Park, KS

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

There are numerous 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 large 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in Overland Park, Kansas?

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

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 significant 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 Overland Park, Kansas 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, usually 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. Typically, 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 Overland Park, Kansas Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Overland Park, Kansas attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Overland Park

Overland is Kansas's second most populated city, and its largest suburb. Naturally, it would offer many attractions for its residents and tourists. Some of the most popular attractions include the Overland Park Arboretum and Botanical Gardens, the Convention Center, and Indian Creek Greenway. To experience some exciting night light and great restaurants, residents and tourists visit Touche, and the Farmers Market.

An interesting fact about Overland is that was ranked in the top of CNN/Money and Money Magazine's 100 Best Cities to Live in the United States. One of the reasons is the city's great community feel and unified spirit. Another reason for this is that Overland is very diverse, including Afrian Americans, Caucasians, Native Americans, Asians, and Pacific Islanders in its population. Many of the people are married couples and have a nuclear family.

Overland is also home to many large companies, such as YRC Worldwide, Waddell and Reed, Black and Veatch, Ferrellgas, and Examinetics. There are also many small law firms in Overland, where competent attorneys provide legal services in practically all areas of practice. The best part is these attorneys provide their clients with personalized legal services, yielding excellent results.

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