Helping You Understand Your Rights When A Will Is Challenged
Having to deal with legal issues after the death of a loved one can be frustrating and emotional. Unfortunately, when a will contest arises, it is unavoidable. If you are challenging a will or are defending yourself and the estate from a challenge, we can help.
At the Indianapolis office of Robert W. York & Associates, our attorneys have vast experience dealing with challenges to an existing will. Our firm understands that this is an extremely sensitive subject, as family members and loved ones are hurt not only by the loss of the loved one, but also by the often divisive will contest process. We understand the grief that clients are experiencing and strive to minimize the stress our clients feel by taking on the legal aspects of the probate litigation matter so they can heal.
Common Reasons A Will May Be Contested
Even if the will was validated through the probate process, challenges can still be brought. There are numerous grounds upon which a will may be challenged. However, some are more common than others, including:
- Improper execution of the will, including the lack of witnesses or absence of a notary’s signature and seal
- The lack of capacity – when the creator of the will was incapacitated or not in the right state of mind or body
- Fraud, forgery or the suspicion of undue influence
- The will is not the most recent version, as a newer will superseded the one being challenged during the probate process
In Court Or Out Of Court
Our lawyers are highly skilled at litigating will contests in court. They are savvy orators who are fully able to articulate and argue your claim. However, taking the matter to court is not always in each client’s best interests. We can also negotiate with opposing counsel outside of court when necessary, often in order to avoid exacerbating an already emotionally charged situation. Making the determination whether to take the case to court is a decision that is unique to each client and case, as we assess each on an individual basis and determine the best approach to suit our client’s needs.