For contested wills and trusts, Indiana sets a specific statute of limitation. The typical settings for will disputes are probate hearings. Public courts, in an attempt to administer a decedent’s estate, give you the right to contest the directives of a will.
Filing a motion to contest
Anyone who contests a will has three months to file after an estate has been declared for probate. Filing a motion calls for a written testimony, which is a verified affidavit. The affidavit is only notarized once an oath is taken and signatures are collected. Contested wills and trusts must be motioned for specific reasons, and you must show that you’re an interested party.
For undue influence
Contested wills and trusts may have been initiated as a result of undue influence. Anytime one person has power over the decisions of an estate owner, that influencer could use their authority in a coercive fashion. Suspecting that a will or trust was created because someone was bribed, drugged, or intentionally incapacitated are instances in which undue influence might exist.
For inequitable distributions
Interested parties have the right to contest a will after seeing that an estate was divided up in an unequal manner. The final judgment here is still in a judge’s hands, but your case could be in proving that you deserve a larger share. If not, you can argue for a more equal share.
Contested wills and trusts in Indiana
Contesting a will or trust isn’t always about claiming some severe negligence. The wording of someone’s will might simply be unclear. You have a right to contest a will for clarity, to remove certain wishes, or to negate the entire document. Just speak with a lawyer to learn more.