Contested Wills in Burnsville, Minnesota

Find the right Contested Wills attorney in Burnsville, MN

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

Occasionally, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If a large amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

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 Burnsville, Minnesota?

Courts in Burnsville, Minnesota 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, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

A will can also be denied 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 instance) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Burnsville, Minnesota 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 Burnsville, Minnesota Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a reputable Burnsville, Minnesota wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Burnsville

Burnsville, Minnesota is a city directly south of Minneapolis, located in Dakota County. It has a population of just under 60,000, according to a 2007 Census estimate.

Burnsville, Minnesota is home to one of the largest shopping malls in the region, the Burnsville Center, which boasts over 1 million square feet of retail space.

Burnsville, Minnesota has a long and storied history. The first humans to populate the area were the Mdewakanton Dakota Indians, who likely lived in the area for hundreds, if not thousands, of years before the arrival of the first European settlers.

Modernly, Burnsville, Maryland has been on the forefront of the "smart growth" movement, with new projects in its downtown area being cetered around the principles of making the city more attractive, environmentally friendly, less sprawling, and more accessible to cyclists and pedestrians.

This forward-thinking attitude is likely to serve Burnsville, Maryland quite well in the future. Large amounts of foot traffic tend to make an area more attractive to small businesses, especially restaurants and retailers, and this is on top of the positive health and environmental effects of walking or cylcing, instead of driving.

Of course, as in any city, the lawyers of Burnsville, Maryland must also be able to handlemany types oflegal problems. If you have any legal problem, it's likely that there is at least one Burnsville, Maryland lawyer who can help you.

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