Contested Wills in Kansas City, Missouri

Find the right Contested Wills attorney in Kansas City, MO

It is possible, in Kansas City, Missouri, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the main reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Kansas City, Missouri?

There are several reasons that a court in Kansas City, Missouri might invalidate a will.

For example, 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. However, 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.

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. Accordingly, 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 thus serve as grounds to contest a will. If a will is successfully contested in Kansas City, Missouri, 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 Kansas City, Missouri Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Kansas City, Missouri 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 Kansas City

Kansas City, Missouri is probably best known for its barbeque and Civil War history. "Kansas Citians" enjoy access to some of the best museums around. The Irish Museum and Cultural Center, the Nelson-Atkins Art Museum, the Liberty and World War I Memorial, and the American Jazz Museum are all located within Kansas City limits. A number of outstanding examples of Art Deco style and Frank Lloyd Wright architecture can be found throughout the city. The Power and Light Building and Community Christian Church are just two examples.

Kansas City is passionate about food. Kansas City barbeque is best known for its molasses which gives a sweeter taste. Gates and Sons Bar-B-Q was opened in 1946 and serves as the standard in original Kansas City style barbeque. Most people know Kansas City as "KC" like Rich Davis' sauce sensation: KC Masterpiece. The Sprint Center opened in 2007 and hosts Kansas City Chiefs football and Royals major league baseball games. You may not be aware that Kansas City has over 200 fountains. Second most in the entire world after Rome, Italy. Country Club Plaza is designed to look like Seville, Spain and was the first to offer accommodations for people arriving by automobile. "The Plaza" was constructed in 1922 and today is known best for it's colored light display and upscale shopping.

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