When someone dies, their property is distributed according to their will. If the deceased person did not have a will, their property is distributed according to Indiana's intestacy laws. If you believe that the will is not valid, or that you were unfairly left out of the will, you may contest the will.
There are a few reasons why a will might be considered invalid. If the will was not properly executed, if the testator was not of sound mind when they made the will, or if the will was signed under duress, it may be considered invalid.
If you were left out of the will, or you believe that you deserve a larger share of the estate than what was left to you, you may contest the will. To contest the will, you must have standing. Standing is generally given to people who would inherit from the deceased person if they had died without a will.
Once you have standing, you will need to file a complaint with the court. The complaint must state the grounds on which you are contesting the will. The court will then set a hearing date. At the hearing, both sides will present their evidence and arguments. The court will then decide whether or not the will is valid.
If the court finds that the will is invalid, the property will be distributed according to the intestacy laws. If the court finds that the will is valid, the property will be distributed according to the terms of the will.
How do you file a petition to contest a will in Indiana?
When a person dies, their assets are generally distributed to their beneficiaries according to the terms of their will. If you believe that the will does not accurately reflect the deceased person's wishes, you can file a petition to contest the will in Indiana.
To be successful in contesting a will, you must be able to prove that the will is invalid. There are a few grounds on which a will can be invalidated, such as if the will was not properly executed or if the deceased person was not of sound mind when they signed the will. If you can prove that one of these grounds exists, then the court will likely invalidate the will.
If you are thinking about contesting a will, it is important to seek legal assistance. An experienced attorney can help you navigate the legal process and give you the best chance of success.
Who can file a petition to contest a will in Indiana?
In Indiana, any person who would be considered an heir under the intestate succession laws can file a petition to contest a will. Other potential contestants include creditors of the estate or any person who was named in a previous will that was revoked or superseded by the will being contested. The person contesting the will must have a “direct and personal” interest in the estate, which means they would not inherit anything if the will was upheld.
To start a will contest, the potential contestant must file a petition with the court and serve all of the interested parties, including the executor of the estate and any beneficiaries named in the will. The court will then hold a hearing to determine whether or not the will is valid.
There are several grounds on which a will can be contested in Indiana. The most common is that the testator, or the person who made the will, did not have the mental capacity to do so. This can be proven if the testator was suffering from dementia or Alzheimer’s disease, or if they were under the influence of drugs or alcohol at the time the will was made.
Another common ground for contesting a will is undue influence. This occurs when someone uses their relationship with the testator to convince them to change their will in their favor. Undue influence can be difficult to prove, but some examples include if the person who influenced the testator was present when the will was signed, or if they stood to gain a lot from the change in the will.
If a will is found to be invalid, the intestate succession laws will determine how the estate will be distributed. This means that the estate will be distributed to the closest relatives of the deceased, starting with the spouse and children. If there are no relatives that fit this criteria, the estate will go to the state.
What happens if the court finds the will to be valid?
When a court finds that a will is valid, it means that the will was properly executed and is therefore binding on the estate. This usually happens when the court approves the probate of the will, which is the legal process of proving the will's validity. If the will is found to be invalid, it can be set aside and the estate will be distributed according to the laws of intestate succession.
Frequently Asked Questions
What can be done with a will but not with a trust?
Naming a power of attorney and a guardian for children.
What is the purpose of establishing a will?
A will establishes your wishes for your property after you die. You may use a will to name specific people as beneficiaries or to appoint a representative to manage your estate.
How do I set up a will or trust?
There are multiple options as you can reach out to an attorney or Certified Public Accountant (CPA), or use a self-serve document generating website. One factor that may help you decide which route you choose is the cost.
Should I include a trust in my will?
If you have assets that you would like to leave to loved ones but don't want to specifically name those people in your will, a trust can be a great way to do this. By adding a trust as part of your estate plan, you can ensure that your assets go to the people you want them to – even if something happens to you before you can make changes to your will.
What do Trustees do in a will?
They are responsible for overseeing the management of any assets which have been put into a trust. This can include making all the decisions about how the money is spent, and who gets what if there is a dispute. Trustees should also be responsible for appointing new trustees if the original trustees die or go missing.
