After a person has died and their will is set to go to probate, it does not always mean the process will be smooth. For Indiana residents who are preparing their estate planning documents and those who are set to serve as their executor and moving forward with probate, there are important facts to remember about a potential will contest.
What does the law say about contesting a will?
When a will is admitted to probate, an interested party will have three months from that date to contest its validity. This could be done for many reasons. For example, one of the basic tenets of creating a valid will is the person—the testator—being of sound mind and body. If that is called into question and they were found to have lacked capacity, it could make the will invalid.
There also could have been issues with the will’s execution. If the will was executed while the testator was being pressured by a person to craft it in a certain way, it could be viewed as having been executed under duress. Using fraud to get the person to execute the will is a common reason for a challenge.
People might view a will contest as a simple matter of someone who felt they were entitled to certain properties trying to have the will nullified because they did not get what they wanted. This can happen, but there are often viable reasons for a will contest. Knowing the law and how the process works is integral to dealing with the case.
For will contests and other estate planning concerns, having help is important
When a person is creating a will, it is imperative that they understand what factors might lead to it being contested. Those who are named as the executor should also be fully prepared for the will being challenged.
These cases are complicated and can lead to hard feelings and extended discord. For any part of estate planning, issues with wills, probate or legal disputes, it is vital to have comprehensive help that can address the problems from all perspectives. Calling for help from professionals who have more than three decades of experience can be key no matter what the circumstances.