It is allowed, in Socorro, New Mexico, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.
Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.
If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the basic 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.
Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.
When Can a Will be Contested in Socorro, New Mexico?
There are many reasons that a court in Socorro, New Mexico 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 usually 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. Further, 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.
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 severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.
If a Socorro, New Mexico will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.
Can a Socorro, New Mexico Contested Will Attorney Help?
Because a will contest can sometimes involve convoluted legal and factual questions, as well as some very raw emotions, a skilled Socorro, New Mexico attorney can be invaluable in helping this process go as smoothly as possible.