Contested Wills in Madison, Wisconsin

Find the right Contested Wills attorney in Madison, WI

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

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 usually assume that the will must be a forgery, or a result of fraud or force.

If there is a considerable 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 Madison, Wisconsin?

Of course, a Madison, Wisconsin court will not invalidate a will without a very good reason, but there are some cases which render a will clearly 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.

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 Madison, Wisconsin 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 Madison, Wisconsin Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reliable lawyer in Madison, Wisconsin can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Madison

Madison, Wisconsin is the capital of the state of Wisconsin. It is also the county seat of Dane County. It has a population of over 235,000 people, making it the second-largest city in Wisconsin.

Madison is known for being a classic example of the "college town" - with a laid-back atmosphere, large numbers of restaurants and bars, andindependent retailers,most of which cater to the student demographic. The presence of University of Wisconsin, Madison also means that the population ofMadison, at least during the school year, tends to be fairly young, on average, giving the city a very vibrant and diverse feel.

The largest employers in Madison are the Wisconsin state government, as well as the university.These twosectors provide relatively stable employment, pay reasonably well, and tend to provide good benefits. Together, they makeup a solid economic base forMadison.

In the last decade, Forbes Magazine has consistently ranked Madisonas one of the best places to live in the United States. It is also ranked among the healthiest cities in the United States by various health magazines.

Thanks to its fairly vibrant economy, and unique culture, Madison, Wisconsin has a robust legal community. Madison, Wisconsin lawyers are diverse and well-educated, partially owing to the fact that UW Madison has a very well-regarded law school.A Madison, Wisconsin lawyer can probably help you with almost any legal issue you might face.

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