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Tractor Talk Discussion Forum

Re: O/T Inheritance

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John T Country Lawyer

08-21-2013 07:28:23
216.249.76.176



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Just like electrical questions, legal questions really draw em out on here...

I practice law in the area of Wills and Probate here in Indiana and can tell you this, anything anyone here (lay or professional) thinks DONT AMOUNT TO A HILL OF BEANS, this area of the law is based in a huge part on the common law, much of which has since been codified and is pretty well settled and defined as far as any legal issues are concerned, with the only questions being those of fact for a judge or jury to decide.

SURE a will can always be challenged, but if it was properly prepared (like mine are) and witnessed and self proven, absent a clear showing of duress or coercion or undue influence or the testators incompetency by the Plaintiff, which bears a high burden on their part, YOU CAN BET IT WILL LIKELY WITHSTAND A CHALLENGE. Also remember, the burden of coming forward with good admissible evidence and the burden of persuasion and proof by a preponderance of the evidence ALL RESTS WITH THE PLAINTIFF

The fact it was 25 years old might make it harder for the plaintiff to produce credible admissible competent evidence or testimony as far as its challenge and the submission to probate of the ORIGINAL Will (to avoid other proof issues) really helps the testators case.

Remember, if it was properly prepared signed and witnessed and the original is available, its gonna take hard credible admissible competent evidence to show the testator was incompetent or subject to duress or undue influence to over turn his or her intentions... Its kind of like why there are "dead mans statutes" to protect the interest of their estates because since they arent here to be able to challenge things ITS GONNA TAKE ONE HIGH DEGREE OF PROOF TO UPSET THEIR CLEAR WRITTEN WITHIN THE LAW INTENTIONS..

NOTE even if a will would be say declared completely invalid, the estate would then pass by the laws of intestate succession AND NOT IN ANY WAY ACCORDING TO WHAT A PARTICULAR HEIR WISHES...........

NOTE there can even be law that says if a divorce follows execution of a will, a bequest to the spouse can be ruled completely invalid!!!!

SO YOU SEE WHY SUCH A COMPLEX LEGAL QUESTION CAN NOTTTTTTTTT BE ANSWERED OR BASED ON WHAT ANYONE HERE SAYS OR HAS EXPERIENCED, IT DONT AMOUNT TO ANYTHING. Even a professional trained opinion is as worthless until based on a thorough review of that states laws and the evidence.....

Consult a trained competent professional probare and Estates Attorney NOT anything posted here, but its my unrfesearched professional legal opinion its hard to challenge an original will that was properly prepared absent that noted above, Id rather reprent the testators estate then the party trying to challenge it.......

John T BSEE, JD Attorney at Law

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DaninKansas

08-21-2013 08:44:45
24.248.193.103



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 Re: O/T Inheritance in reply to John T Country Lawyer, 08-21-2013 07:28:23  
I agree - but!!!! While the will may stand all legal challenges there is nothing preventing those legal challenges from happening and tying up the estate for years.

Nothing against John T but I've also seen lawyers draw up a will with the specific intent of drumming up more business. I had one old girl that worked in my office (she was 76) whose aunt died (she was 95). The will was written about 10 years earlier distributing all the assets to her neices and nephews. The problem was she wanted that distribution process to take 20 years so as to give them time to be mature enough to handle the money they were coming into. Her neices and nephews were all in their late 60s to early 80s when she died.

The lawyer that wrote the will told them not to fear - he knew how to legally speed that process up. All they had to do was pay him and he'd make it happen.

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John T

08-21-2013 09:15:22
216.249.76.176



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 Re: O/T Inheritance in reply to DaninKansas, 08-21-2013 08:44:45  
Unfortunately youre correct, Ive seen wills prepared in such a way follow up legal work may still be required, I try my best to cover all the bases so theres no uncertain future work out there

John T



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Paul

08-21-2013 07:58:58
66.60.223.232



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 Re: O/T Inheritance in reply to John T Country Lawyer, 08-21-2013 07:28:23  
Wills can be totally set aside, even if they are well written..... Many thick books on the topic and every state is different......
Lot of room for people with axes to grind to operate in......

Paul



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John T

08-21-2013 09:13:14
216.249.76.176



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 Re: O/T Inheritance in reply to Paul, 08-21-2013 07:58:58  
YOURE EXACTLY RIGHT, Good point, they can be set aside regardless how "well written" IN CASES OF UNDUE INFLUENCE OR DURESS OR COERCION OR INCOMPETENCY IF PROVEN IN COURT BY ADMISSIBLE COMPETENT EVIDENCE BY A PREPONDERANCE OF THE EVIDENCE

Otherwise THEY STAND

Youre right, Ive read and researched many of those volumes of cases lol

John T Country lawyer



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