This following is a transcription of the video Contesting a Will below.
The following information is for general educational purposes only and not offered nor given as legal advice.
Hi, I’m Dale Dahlin, an attorney in Lincoln, Nebraska.
I wanted to talk to you about will contests or contesting a will.
Sometimes, you could be a relative of a person or an heir that would normally take from that person but maybe you find out that the will doesn’t give you anything and you think that that’s wrong.
Contesting a Will: Requirements
There are methods for looking into whether the will is valid and contesting a will. There are several legal requirements for a will to be valid. Those are set out in each state’s statutes. In general, it has to be duly executed. Meaning there needs to be a certain number of witnesses and a notary for the person when they sign the will. Also, the person has to have the testamentary capacity or be of sound mind to do a will. They need to know who would typically take from them, from their estate, and what their estate consists of, what property they have.
Contesting a Will: Grounds
There are grounds that can make a will invalid such as undue influence.
If a person has exerted undue influence in having the person do a will that is leaving people out that they otherwise wouldn’t, that would be a product of undue influence. This happens more often if the person is older, frailer and somebody that has access to them can exert influence on them that isn’t proper. There’s also duress which is forcing a person to do a will and there’s outright fraud that can make a will invalid.
If you have a situation where a relative has passed away, and you believe you would rightfully be in the will and there are circumstances that you think may not be right with the situation of the will please feel free to contact me at (402) 423-4300 to discuss your case.
Dale Dahlin is also licensed to practice law in California.