Contested Wills in Lexington, Kentucky

Find the right Contested Wills attorney in Lexington, KY

In Lexington, Kentucky 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 a lot of money, or some particularly 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 really true or not.

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 Lexington, Kentucky?

Courts in Lexington, Kentucky 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.

For example, 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. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid 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.

So, you've succeeded in contesting the validity of a Lexington, Kentucky 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 Lexington, Kentucky Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A brilliant lawyer in Lexington, Kentucky can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Lexington

Lexington is the "Thoroughbred City" and self-proclaimed "Horse Capital of the World." Home to three World renown horse-racing tracks that include Keenland which opened in 1936, the Red Mile Harness Track which is the oldest in Lexington, and the new Kentucky Horse Park. There may be an abundance of gambling in Lexington but the economy is known for its stability. Forbes Magazine named Lexington the 5th best city for "Business and Careers." There's an abundance of technology research and high tech industries like Lexmark International, Hewlett Packard, and Affiliated Computer Services as well as government facilities. Such a stable economy makes Lexington a standout city in the United States and quite attractive to job seekers.

One of the major government employers in Lexington is the Lexington-Fayette County Governments. Lexington is the seat of Fayette County, Kentucky and therefore has many of the administrative buildings, courts, jails, and political facilities. A number of lawyers call Lexington home since there are so many local courts. Lexington lawyers can consult on any type of case heard in Lexington and Fayette County Courts including personal injury, probate, criminal, divorce, and child custody cases.

The City of Lexington's largest employer is the University of Kentucky, which offers a renown College of Medicine and over 10,000 local jobs. The University of Kentucky draw a number of students and top professionals. Don't forget about the American history for tourists either. The Bluegrass Festival and Ashland: The Henry Clay Estate draw tourists from near and far.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light