Indianapolis probate lawyers provide assistance during the probate process. The probate process is the process by which the estate of a deceased person (decedent) is settled. All legal matters related to the estate must be resolved, and a determination must be made on who should inherit the money and property that the decedent left behind.
When a will was created, the will is probated and the provisions of the will control who inherits– in most cases. Sometimes, however, the probate process provides a chance for a will contest and that contest is successful. The decision to contest a will is a big decision, but it is necessary if you do not believe that the will left by the decedent is actually a true reflection of the wishes of the deceased.
Frank & Kraft can provide representation to individuals who wish to contest a will during the probate process. We can help you to determine if contesting a will is appropriate and is likely to be successful under the specific circumstances. If there is a reason to contest a will, we can provide you with assistance making legal arguments and gathering the evidence that you need to contest the will successfully so the will isn’t probated if it was not an accurate reflection of what the decedent would have actually wanted his or her legacy to be.
To find out more about how the process of contesting a will works or how Indianapolis probate lawyers can assist you with this process, give us a call. Our legal team also provides representation to heirs or beneficiaries and to executors of an estate during the probate process when a will is contested, so reach out to our firm if you want to try to protect an inheritance and ensure that a will actually is probated.
When Can a Will Be Contested?
The Indianapolis probate code sets forth specific requirements for the creation of a legally valid will. If you do not believe that these requirements were fulfilled, if you believe there were conditions that made the will unenforceable, or if you believe that there is a more updated version of the will than the one that is being submitted for probate, you can contest the will during the probate process.
There are many different problems that could arise with a will and result in the will being successfully contested. Some of the most common reasons for contesting a will include:
- The decedent was not of sound mind when the will was made: If someone is no longer mentally competent, he cannot make a will that is enforceable. If you have reason to believe that illness had rendered the decedent incapable of making decisions about his legacy at the time the will was created, you should be able to successfully contest a will as long as you can prove your beliefs.
- The decent was forced or tricked into making a will. If the decedent made the will under conditions of duress or because he was defrauded or tricked, the will is not valid. This can often happen when a caregiver takes advantage of a position of trust and authority to trick a vulnerable older person into changing the terms of his will or into writing a last will and testament. Again, the person who wishes to contest a will is going to need to prove that the decedent didn’t make the last will and testament of his own volition.
Frank & Kraft can help you to determine if you can make a convincing case to contest a will for any of these reasons, or if you can make a convincing case to contest a will as a result of other problems with the last will and testament that is being submitted to the court to be probated.
Getting Help from Indianapolis Probate Lawyers
The probate process is always a complicated process, but the stakes become especially high when someone decides to contest a will. Indianapolis probate lawyers can provide help with the process of contesting a will or can help heirs or beneficiaries and executors of an estate to defend against challenges to the validity of a will.
To find out more about how an experienced attorney can help during the probate process, join us for a free seminar. You can also give us a call at 317-684-1100 or contact us online to get personalized advice about the process of contesting a will or about any aspect of the probate process. Call today to find out more.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
- How to Be a Long-Distance Caregiver - January 22, 2020
- The Cost of Early Retirement - January 2, 2020
- Steps You Can Take Now to Avoid Guardianship Later - December 26, 2019