Contested Wills in Janesville, Wisconsin

Find the right Contested Wills attorney in Janesville, WI

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

A will is normally 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 there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest 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 Janesville, Wisconsin?

There are numerous reasons that a Janesville, Wisconsin court might hold a will to be invalid.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If a Janesville, Wisconsin will is successfully challenged and thus 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 Janesville, Wisconsin Contested Will Attorney Help?

Because a will contest can sometimes involve difficult legal and factual questions, as well as some very raw emotions, a skilled Janesville, Wisconsin attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Janesville

With a population of 61,310 Janesville, Wisconsin has it all. Janesville is located in South Central Wisconsin and was founded in 1835. Since its founding, the charming city has done nothing but grow and prosper. Janesville was named after an early settler to the town -- Henry James.

Janesville was the site of the first Wisconsin State Fair in 1851, an event that over 10,000 people attended. It is no wonder then that so many people enjoy visiting and living in Janesville. Janesville is also home to lots of historical homes, in fact 20% of the nationally registered historic homes in Wisconsin are in Janesville. Aptly named "City of Parks," Janesville has an extensive park system that includes nature trails, boat lakes, and 53 parks in total.

Janesville is also home to some interesting legal history. Janesville lawyers are some of the best in the business and Janesville is also home to Wisconsin's first female lawyer --Lavinia Goddell in 1874. In addition to lawyers, there are lots of other great business and industry which make the city a great place to start a career.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH