Contested Wills in Rochester, New Hampshire

Find the right Contested Wills attorney in Rochester, NH

It is feasible, in Rochester, New Hampshire, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

A will is typically contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, particularly if the testator's motives are not clear. They will frequently assume that the will must be a forgery, or a result of fraud or force.

If a considerable amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.

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

When Can a Will be Contested in Rochester, New Hampshire?

There are various reasons that a court in Rochester, New Hampshire might invalidate a will.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Typically, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

If the contest is successful, a court in Rochester, New Hampshire 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, typically 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. Normally, 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 Rochester, New Hampshire Contested Will Attorney Help?

Contesting a will is often challenging, and never fun. However, the entire process can be made more bearable if you have the help of a knowledgeable Rochester, New Hampshire attorney, and the process will probably be much more manageable.

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

Life in Rochester

Rochester is home to 32,000 Strafford County residents who live in New Hampshire's largest region, the Seacoast region. Rochester is home to Skyhaven Airport and the annual Rochester Fair. The Rochester Fair has lots of games, carnival ride, and even food, wine, and fine dining tents.

The 45 square miles Rochester covers was incorporated in 1772 and encompasses both East Rochester and Gonic Villages. The heavily wooded area have a number of very tall White Pine trees that were reserved to be used as masts for Royal Navy Ships. During the Revolutionary War, Rochester was used as a meeting place for soldiers before traveling to their assignments.

A Civil War monument once stood in the downtown section of town and commemorated the 54 men who died in Rochester but during World War II, cannons on the side were melted down for use in the war. The monument today depicts a civil war scene accented by four World War II guns. Rochester is a destination for many American history buffsand localschool trips.

Rochester is an attractive community that is ideally situated in the New England region.The city allows a wide variety of professionals, artists, and students to commute to nearby cities and states. It's geographic locationprovides dramatic autumn trees attracting tourists from around theglobe.

Rochester has been a place where important people have gone to live because it is positioned in such a desirable location within New England. This includes Inventor Isaac Adams, Governors, U.S. Congressmen, Senators, and Arctic explorers like Charles Francis Hall. Rochester is home to some great lawyers today too. Rochester lawyers are familiar with local courts and their rigid procedures. They can help you do everything from getting money for an injury to disentangling your personal assets with an ex-husband or ex-wife.

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