The discovery that a loved one’s will submitted to probate in the county in Indiana in which they lived at the time of their death does not always necessarily lead to will contest case. However, when there are certain circumstances that have altered the expectations due to validity of the will or the undue influence or fraud exerted by another person, this can lead to a case filed by an Indiana will contest lawyer. In these circumstances, beneficiaries will be affected by the current will and any other versions of the will or intestate succession rules should the will be ruled invalid with no other version supported.
Basics of Will Contests in Indiana
In some cases, older people can be subject to influences that will determine the provisions they put in their will or could be of unsound mind at the time they’d signed the document. You could be entitled to receive an inheritance that was denied to you when you have a legitimate claim over the validity of a will. If you find yourself in these circumstances, you need to contact an Indiana will contest lawyer immediately.
When Can a Will Be Contested in Indiana?
Contentious probates throughout the state of Indiana would necessitate hiring an experienced person to represent you in court. Older Americans are certainly the most common targets for undue influence, fraud and manipulation but other people can be affected by this as well. If your grandparent, parent or ex-spouse changed their will or trust due to the advice or actions of a third party, a will contest attorney in Indiana might be needed to identify the suspicious circumstances and to bring this up in court.
There may be questions surrounding the creation of trusts and wills and you will need to take appropriate action to remedy these concerns. A will or trust requires a person to understand the role they are undertaking in distributing their assets or naming a guardian for their minor children.
Examples of Will Contest Allegations
One of the most common concerns related to this is when a will has been updated due to the influence of another party, such as a caregiver or a recent romantic partner. When the will has been updated or a previous will entirely revoked with a new one written, giving this caretaker or partner a significant amount of benefits, this can be very problematic for other beneficiaries of the estate. You will need to evaluate the full circumstances of this situation and determine the best course of action. It will fall on you as the person bringing the will contest forward to allege and provide evidence that has to do with this person being unduly and unfairly influenced by an outside party. Another common cause for will contest disputes in Indiana has to do with the validity of the document itself. If the person was not of legal age or of sound mind at the time they created and signed the document, the validity of the entire thing is called into question. Setting aside time to speak with an experienced will contest attorney serving Indiana can help you to get a better understanding of the most important questions to be raised in this process.
Experienced representation goes a long way in helping you understand when you can and can’t file a will contest case. Even in some circumstances where you might have the legal grounds to initiate a will contest case, the situation at hand may show that it might not be worth the time invested. In these circumstances, you need to be prepared to discuss your case directly with legal counsel to decide what is most appropriate given the potential fallout in your family.