Contested Wills in Frankfort, Kentucky

Find the right Contested Wills attorney in Frankfort, KY

In Frankfort, Kentucky 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 various 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 a lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is actually true or not.

Nonetheless, this is a matter that should not be approached lightly - will contests can often foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Frankfort, Kentucky?

Courts in Frankfort, Kentucky 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.

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. Usually, 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.

If the contest is successful, a court in Frankfort, Kentucky 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 Frankfort, Kentucky Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Frankfort, Kentucky 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 Frankfort

Frankfort is a city in Franklin County, Kentucky. It is the capital of Kentucky, and with a population of under 30,000 people, it is one of the least populous state capitals in the United States. Frankfort was founded in the late 1700s, shortly after Kentucky became a state, with the specific purpose of serving as the state capital. During the Civil War, Frankfort was briefly occupied by confederate troops, Since the 1960s, Frankfort has seen considerable population and economic growth, mainly due to the construction of a few large (for a city this size) state and private office buildings, and other construction projects. Frankfort is also home to several distilleries who make Kentucky bourbon whiskey, the signature spirit of the region. Some of these older office towers are slated for demolition, with the intention of building a new, more modern, business center, with several smaller buildings providing for office space. There are plenty of lawyers in Frankfort, Kentucky who can handle whatever legal problems you might be facing. If you need any type of legal assistance, whether you're signing a mortgage, getting a divorce, starting a business, or anything else, a Frankfurt, Kentucky lawyer can help.

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