Getting Through the Difficult Process of Probate and a Will Contest with Wills Law Lawyers in Topeka, KS

by | Jul 27, 2016 | Lawyers

A living will is an important thing to have. It’s usually expressly written to legally secure an estate and entitle assets to specific family members. Without a will, the court system and the rules applied to estate law decide what happens. Immediate family members of a person who has passed away often have bitter disputes over who the assets should be given to when there is no will in place. As long as the testator of a will has a sound mind with no mental impairment, the estate should be settled as that person wishes.

An important facet that many don’t cover in a will is guardianship, providing the testator becomes mentally incapacitated. Appointing a trusted guardian to make important decisions concerning health care and financial management assures proper care is received. The testator should choose a person who will make responsible decisions.

Wills law lawyers in Topeka, KS are executors of living wills. Their job is to make sure the details in a will are clear and understandable to this sector of law. There are times a will has good reason to be contested; an estate planning attorney can represent the person requesting the petition to do so. Wills Law Lawyers in Topeka, KS are crucial to contesting a will because the proceedings are complex with a high failure rate.

There are a few legal grounds for contesting a will. A will must be signed in accordance to state laws. For example, a will signed in a state where there needs to be two other witnesses is null if no witnesses were present. All witnesses must sign to verify they were present. The will is invalid if the testator signed it alone. Testamentary capacity means the testator’s mind is fit to make coherent and logical decisions. If a mental illness, such as Alzheimer’s, impeded mental capacity, a family member aware of this can contest. A testator is unduly influenced when put under pressure by another to write the stipulations of a will under their discretion. The influencer may have something to gain from certain stipulations. The relative contesting can provide information that proves the testator would not have made certain decisions willingly. At Debenham Law, lawyers work hard to obtain proof that a will is not valid to be enforced. Call for a consultation.

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