Contested Wills in Owensboro, Kentucky

Find the right Contested Wills attorney in Owensboro, KY

In Owensboro, Kentucky there are specific procedures authorizing certain people to challenge the validity of a will. This is identified 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 directly true or not.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Owensboro, Kentucky?

There are various reasons that a court in Owensboro, Kentucky might invalidate a will.

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 normally 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. Additionally, 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.

A will can also be rejected because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for example) at the time the will was made, the will can still be invalidated.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Owensboro, Kentucky, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Owensboro, 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 knowledgeable lawyer in Owensboro, Kentucky can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Owensboro

Owensboro, Kentucky is the third largest city in Kentucky, and it is the county seat of Daviess County. As of a 2009 estimate by the Census Bureau, it has a population of about 55,000 people.

Human habitation of the area now known as Owensboro dates back at least 12,000 years, with indigenous peoples populating the area, at least on a seasonal basis. The first known permanent settlement of Owensboro came in 1797, when William Smothers set up a trading post.

Modernly, Owensboro is a major center for Bluegrass music, and has a museum dedicated to the musical genre. It also has several different Bluegrass festivals throughout the year. Of historical note, it is also home to Temple Adath Israel. Built in 1877, this place of worship is one of the oldest synagogue buildings in the United States, and is listed in the National Register of Historic Places.

If you live in Owensboro, Kentucky, and are facing a legal issue, an Owensboro Kentucky attorney can probably help. Owensboro, Kentucky lawyers can handle just about any case a resident of the area might be dealing with.

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