When you pass away interested parties are afforded the opportunity to challenge your will. However, they can’t simply stamp their feet and say that they were treated unfairly. You have a right to leave inheritances as you see fit.
Someone who wants to contest a will must do so under one or more of the appropriate grounds. One acceptable ground would be the contention that the will in question was executed by a testator who was not of sound mind. You have to be in full control of your faculties to be able to execute a valid will.
Another ground that could be utilized would be that of improper execution. The will must be executed in accordance with the laws of the state of Indiana. This is why you may want to think twice before using a generic do-it-yourself last will that you download off the Internet.
A will can certainly be deemed invalid if it was forged. In the state of Tennessee there was recently an arrest made because a man allegedly forged his father signature on a last will. Two others were arrested and charged with conspiracy to commit theft in excess of $250,000.
Some people will go to extreme lengths to try to get their way. One thing to take away from this case is that you should take every possibility into account when you are making preparations for the future. With the assistance of a licensed estate planning attorney you should be able to execute an ironclad estate plan that makes your actual wishes crystal-clear during the probate process.
Paul A. Kraft, Estate Planning Attorney
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.
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