Posted by John T Country Lawyer on August 21, 2013 at 07:28:23 from (216.249.76.176):
In Reply to: O/T Inheritance posted by sirhc on August 21, 2013 at 05:16:43:
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.......
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