Contested Wills in Burlington, Vermont

Find the right Contested Wills attorney in Burlington, VT

The laws of Burlington, Vermont authorize certain people to challenge, or "contest" the validity of a will.

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 a massive 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.

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 Burlington, Vermont?

There are many reasons that a Burlington, Vermont court might hold a will to be invalid.

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. Normally, 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 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 honestly 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.

If a Burlington, Vermont 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 Burlington, Vermont Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a brilliant Burlington, Vermont 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 & Estates Law Attorney now!

Life in Burlington

Burlington is Vermont's largest city. It is located in Chittenden County and is approximately 45 miles from the U.S.-Canadian border. Per the 2010 census, it has a population of 42,417 people. Neighboring areas include South Burlington, Winooski, Colchester, Essex and Williston.

An interesting fact is that Burlington has the sixth lowest unemployment rate of all surveyed metropolitan areas in the United States. Top employers include IDX Systems, Vermont Tedy Bear Company, General Dynamics, Lake Champlain Chocolates, Burton Snowboards, Bruegger's, and Seventh Generation Inc. Burlington is also home to many law offices and small firms practicing in virtually all areas of law, and providing their clients with excellent and personalized legal services.

Popular sites include the ECHO Lake Aquarium and Science Center, Deck Towers, Burlington Square, and Cathedral Square.

Overall, Burlington is a charming place to visit or call home!

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