将与律师发生纠纷

When a dispute arises over a will, you might try to work it out among the family first. Emotions run high 和 families are often unable to work it out. The parties to this “遗嘱认证 dispute” may attempt to claim property they have no right to, or there may be problems with the will itself. Perhaps you were left out of the will by mistake, or because another person manipulated a loved one into changing a will while they were not in their right mind.

This is where a will dispute lawyer 可以帮助. You can contest a will through specific legal procedures whether you are in 印第安纳州 or 肯塔基州. As a law firm that drafts 和 contests wills on a regular basis, the will contest lawyers at 丘奇，兰登，洛普，巴内特·劳 可以帮助. We have the experience necessary to protect your interests.

These disputes can be incredibly complex, 和 you need a team with courtroom experience that truly has your back. Speak with our experienced 遗嘱认证 litigation attorneys today for the help you need.

Why Choose Our Probate 和 Will Lawyers?

A 将抗辩律师 at 丘奇，兰登，洛普，巴内特·劳 is fully prepared to h和le your case. We underst和 the difficulties you are going through. You have recently lost someone you care deeply about 和 now you are dealing with the stress of a contested will. In this situation, many assets are frozen in 遗嘱认证 while at the same time you are trying to unravel the will contest. The legal process to contest a will is complicated, but our dedicated attorneys know how to pursue your interests 和 properly contest a will.

Our will contest lawyers will consult with you 和 get to know your unique circumstances. We can fully investigate the case to seek your desired outcomes. The attorneys at 丘奇，兰登，洛普，巴内特·劳 truly care about our clients 和 the difficulties a will dispute causes them. We underst和 how to seek your desired results 和 will work with you to seek the compensation you deserve.

你能对遗嘱提出异议吗?

You can dispute a will when you meet the legal requirements to do so. 对遗嘱提出异议是一个复杂的过程, but one best h和led with anattorney with significant 遗嘱认证 litigation experience. To contest a testamentary document like a will, you need to be an “利害关系方.”

An 利害关系方 is someone who is or would be entitled to inherit from a deceased person. This could include, but is not limited to:

• 遗嘱中提到的任何人
• 亲戚或家庭成员
• A person entitled to inherit had the person died without a will.

Will disputes are usually limited to these interested parties. If you are a 家庭成员 of someone who passed, you are likely an 利害关系方. 然而, if you are not a relative, it does not mean you may not qualify. Interested party status is almost certain if you are named in the disputed will. Let our attorneys review the will 和 provide guidance on how to dispute it.

What Happens If There Are Multiple Wills?

In disputed situations, it is common for there to be multiple wills. Perhaps the decedent created a new will after a previous one. There may be confusion about which one controls or whether a will was properly signed by the decedent.

Anyone listed in the prior will may be considered an 利害关系方 和 be permitted to join the lawsuit. This often occurs because the previous will grants that individual property or assets they want, while the new will reduces or eliminates it. In these cases, the contest will focus on which will was properly signed 和 controls the estate.

如果遗嘱有争议会发生什么?

对遗嘱提出异议, an interested person is required to file their claim within three months after the date of an order admitting the will to 遗嘱认证 (In Kentucy the process of filing a will contest must happen within two years of 遗嘱认证 being opened). If the case is not filed within this strict time limit, it is likely that you will lose your right to file a will contest. The best way to avoid this potential problem is to speak with a will attorney as soon as possible after discovering there is a problem with the will.

If the will is contested, there are certain grounds you must raise. It is not enough to dislike what the will says or what it does. You must have specific grounds to contest the validity of the will. 这些可能包括以下内容:

缺乏遗嘱能力

A person lacks the testamentary capacity to draft a will when they are of unsound mind. 精神错乱精神不健全, the person must be cognitively deficient in some way that made them unable to underst和 the nature of their choices or actions. 这些可能包括以下情况:

• 遗嘱人患有阿尔茨海默病.
• 遗嘱人患有痴呆症.
• 遗嘱人失去了知觉.
• The testator suffered from some other mental incapacity or developmental disability.

If the will was drafted when the testator could not have understood what they were doing, lack of testamentary capacity might help you challenge the will.

不正当影响

Undue influence occurs when a person controls or coerces the testator into changing the will to their benefit. This is common with elderly or infirm individuals who rely on people for help. 这可能包括一个照顾者, 家庭成员, or someone else close to the testator who could have influenced their actions 和 choices when drafting a will.

欺诈

欺诈 occurs when the testator is tricked into signing the will. A person may be tricked into thinking they are signing another document. They may also be tricked into thinking that they are signing a version of the will they have seen before but are unaware of changes someone made to it.

不当执行遗嘱

印第安纳州 requires that a valid will must meet certain requirements. The will must be in writing to be valid under 印第安纳州法律. 其他要求包括:

• The will must be signed by the testator in the presence of two attesting witnesses.
• The witnesses must sign the will in front of the testator.

Many of these requirements apply to 肯塔基州 wills as well. Any errors with the execution of the will could render it invalid. This can be strong evidence in a will contest case.

If we’re going to market this to folks in 印第安纳州和肯塔基州, then we need to have the will execution rules listed for 印第安纳州和肯塔基州.

争夺遗嘱值得吗?

Contesting a will can be a stressful process, especially if you try to do it on your own. The legal process to challenge a will is incredibly complicated. 你必须遵守严格的时间表, 复杂的归档要求, 和 be able to prove grounds to contest the will. 然而, you do not have to do this alone. 在一个合格的 将抗辩律师, you can seek the justified compensation that can make it all worth it.

Determining whether a will contest is worth it is best discussed with an experienced 遗嘱认证 litigation attorney. The attorney 可以帮助 you determine the strengths 和 weaknesses of your case. To do so, they will consider questions like:

• What assets or property do you seek in your will contest?
• Do you dispute the will or are you defending it?
• Are you an 利害关系方 that has st和ing to file a will dispute lawsuit?
• What is the likelihood of success for your will contest lawsuit?

Ultimately, this determination is made based on the unique facts of your case. Your initial consultation will help answer many of these questions.

遗嘱竞争的好处

A successful will contest could help you enforce a valid will you want to see protected or it could help you challenge a defective will that left you out of the equation. You know what you want 和 what you are entitled to. 遗嘱竞赛可以帮助你:

• 针对其他索赔人为遗嘱辩护
• Protect the assets granted to you in the will
• Challenge a will that does not comply with legal requirements
• 追求你所拥有的资产.

Will Dispute常见问题

我们随时准备提供帮助

Our will dispute lawyers are 准备好了 帮助 you with your claim. We are well-versed in 肯塔基州 和 印第安纳州 will contest laws 和 know how to approach these cases to your best advantage. Our attorneys care about what you are going through 和 want to assist you.

丘奇，兰登，洛普，巴内特·劳 is 准备好了 帮助 you with your will dispute. bet9九州体育登录 today or call 812-725-8224 to schedule a consultation for your case.

律师史蒂夫·兰登

Licensed to practice in both 印第安纳州和肯塔基州, Steve 兰登 is an experienced elder law 和 trial attorney. In addition to his litigation 和 trial work, 史蒂夫的执业包括立遗嘱, 信托基金, 遗嘱认证, 医疗补助计划, 监护, 授权书, 以及高级指导计划, including living wills 和 health care surrogate designations. [ 律师生物 ]

律师加里·巴内特

Gary is licensed to practice law in both 印第安纳州和肯塔基州. He concentrates his practice in estate planning, 遗产及信托管理, 遗产及信托诉讼, 监护, 老年人法和特殊需求规划. 加里赢得了他的J。.D. from the University of Louisville, Louis D. Br和eis School of Law, 和 formerly practiced law at Bingham Greenebaum Doll 和 Wyatt, Tarrant & 库姆斯. [ 律师生物 ]