Lonneman & McMahan PLLC

This is an Advertisement

Practice Areas

How people can challenge a will

When someone passes away in Kentucky, their surviving family members may not always be happy with the will that is left behind. In some circumstances, people may be able to challenge the will.

While some people may think they can challenge a will if they simply do not agree with it, this is typically not the case. Consumer Reports says that people need to demonstrate that the will is invalid. Additionally, the person who contests the will usually should already be included in the document.

There are a few ways someone can contest a will. According to FindLaw, a will can be challenged if family members suspect that someone exerted undue influence on the deceased. This means that the deceased may have planned to leave assets to certain people but been convinced to leave most of them to one person instead. Testamentary capacity is another way a will can be challenged. Testamentary capacity means that someone is mentally able to make a will. When people use this ability to challenge a will, they usually need to prove that the deceased did not understand who the beneficiaries were and the value of his or her assets.

People may also use the date on a will to challenge it. The most recent version of a will is usually the one which is considered valid and people can usually contest the document if they know the deceased had written a new one. Additionally, some people may think they can challenge a will based on the state of residence. Most of the time, a will is valid when it follows all the state laws of the deceased's permanent residence, and this is typically unchanged even if someone dies in a different state.


No Comments

Leave a comment
Comment Information