Contested Wills in Eden Prairie, Minnesota

Find the right Contested Wills attorney in Eden Prairie, MN

In Eden Prairie, 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.

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 grave and irreversible damage to family relationships.

When Can a Will be Contested in Eden Prairie, Minnesota?

There are several reasons that a court in Eden Prairie, Minnesota might invalidate a will.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Eden Prairie, Minnesota, and held to be invalid, this usually 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 Eden Prairie, Minnesota Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a reputable Eden Prairie, 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 Eden Prairie

Eden Prairie, Minnesota is a city directly outside downtown Minneapolis. Its population is approximately 50,000 people.

There are many scenic lakes and ponds in Eden Prairie, and the city has over 170 miles of hiking trails to take advantage of this scenery, along with over 2,200 acres of parks, and 1,300 acres of open space.

Until the early 1960s, Eden Prairie was largely a bedroom community for the nearby cities of Minneapolis and St. Paul (a community consisting almost entirely of residences, where residents commute to a larger city for work). However, it now boasts over 2,000 businesses, and hosts major offices of many large businesses in the healthcare, logistics, retail, and distribution industries.

Money Magazine frequently names Eden Prairie as one of the best places in America to live, thanks to a variety of industries creating many different types of jobs, its natural scenery, the quality of its public schools, among many other factors.

Furthermore, there are plenty of Eden Prairie, Minnesota lawyers who can provide virtually any legal services you might need. Eden Prairie, Minnesota lawyers can handle almost any kind of case.

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