Greenfield Will Contest Attorney
When someone passes away in Hancock County, their will and estate plan govern what happens to their assets. Some assets may be put into trusts, for instance, while others may be transferred directly to beneficiaries. A will contest occurs when one of these beneficiaries decides to challenge the will because they do not believe it should stand.
This can be a very complex process, and it is important to work with an experienced attorney. Here at Allen Wellman Harvey Keyes Cooley, LLP, we can provide the legal knowledge and guidance that your family is looking for. We have over a century of experience, as our firm opened its doors in 1918. You can count on our lawyers to help you find the solutions you seek.
Common Reasons For A Will Contest
It is not enough for someone to simply be unhappy with how the will distributes assets. They need to have a distinct reason to challenge the will, such as:
- Claiming that the elderly person did not have the testamentary capacity to draft the will and may have made mistakes or oversights due to their declining mental condition.
- Claiming that another beneficiary used undue influence to change the will for their own benefit.
- Claiming that the documents are fraudulent or possibly a forgery.
Moreover, not just anyone can bring a will contest. They need to have legal standing, which means they are either a direct descendant or someone who stands to lose or gain based on the estate plan – such as a creditor or a beneficiary who was removed from a previous version of the estate plan.
How To Contest A Will
There are a few steps that need to be taken to contest a will, including:
- Filing an official challenge: The proper petition has to be given to the court, demonstrating the reason for the challenge and that the person has legal standing.
- Presenting evidence: Once the claims are made, evidence of undue influence or other such issues must be shown to the court to demonstrate that the will should not stand.
- Legal representation: To ensure that you handle all the paperwork correctly, it can be helpful to work with an experienced attorney.
Remember, in Indiana, you only have 90 days to challenge a will.
Call For A Consultation
If you would like to learn more about your options, just use the online contact form or call us at 317-468-2355 to schedule your confidential consultation with a will-contest attorney.