Will Contest Attorneys in Fishers
Legal Assistance When a Will Is Challenged
If people don’t create a trust before they die or become incapacitated, it’s likely they have a last will and testament to describe how their estate will be divided among their beneficiaries. Sometimes those with a trust may even draft a will as a back-up plan to “catch” assets or issues that may not have been covered by their trust.
Suffice it to say, a last will and testament is a critically important estate planning document. Because it essentially speaks for the deceased’s wishes for what happens to their assets and belongings, challenging a will during probate is no trivial matter. At Massillamany Jeter & Carson LLP, we understand that initiating or responding to a challenge regarding someone’s will can be an emotionally fraught affair. That’s why our will contest attorneys in Fishers are ready and able to help you with this wrinkle in probate proceedings.
Grounds for contesting a last will and testament include:
- Improper Execution
- Lack of Testamentary Capacity
- Undue Influence
- Fraud
If you feel a loved one’s will is being improperly challenged or needs to be challenged, contact Massillamany Jeter & Carson LLP today for a free consultation. Call us (317) 434-1490 to get legal representation that can protect your interests.
Improper Execution
A will’s validity may be challenged because questions are raised regarding whether it was prepared and signed according to the law. In the state of Indiana, a will is valid if it was signed by the deceased during life (the testator) in the presence of two witnesses who must then also sign the document. Although not required in this state, a public notary may be one of the witnesses or oversee the signing.
Oftentimes when a will is found to be invalid because of proper execution, it’s often because uncertainty is raised about how the will was signed and by whom.
Lack of Testamentary Capacity
When someone drafts and signs a last will and testament, they should be of sound mind and good mental health to do so. If there are questions regarding a will’s validity because the deceased suffered from conditions such as Alzheimer’s Disease, dementia, or a brain injury, then the will can be disregarded by the court.
For example: If it can be proven that a testator drafted a will when they were unable to remember who their children were, or if they even had any, the children could have a will contest lawyer in Fisher help them argue to a judge that the will is invalid.
Undue Influence
When it can be demonstrated that a will was drafted while the testator was undergoing undue influence from a family member or someone outside of the family, a will may be invalidated. Simply put, undue influence may be determined if someone took advantage of the testator to manipulate the will’s content.
When sibling rivalry exists, one sibling manipulating a parent to write others out of their will or give the influencing sibling favor in the will’s provisions can occur. A similar example is if a full-time caregiver from outside of the family covertly persuades the testator that they should be included in the will.
Fraud
If you suspect a loved one’s will is the product of fraud or is incorrectly accused of being fraudulent, consult with a will contest attorney in Fishers as soon as possible. At Massillamany Jeter & Carson LLP, we offer free consultations for clients, and our attorneys are eager to aid clients dealing with matters concerning fraud with a loved one’s will.
Cases where a will can be invalidated due to fraud look as obvious as a will being signed by “the testator” after their death. More underhanded instances of fraud can include hiding clauses in someone’s will and giving it to them to sign or allowing them to sign their will while leading them to believe it’s another document.
Grappling with a will contest is no small challenge. When you need a helping hand, the attorneys of Massillamany Jeter & Carson LLP are here for you. Call us (317) 434-1490 for a free consultation.