It is feasible, in Maumee, Ohio, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.
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 lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is directly true or not.
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 Maumee, Ohio?
Of course, a Maumee, Ohio court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.
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 normally 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. Additionally, 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 reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.
If a Maumee, Ohio will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, 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 Maumee, Ohio 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 Maumee, Ohio attorney, and the process will probably be much more manageable.