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Probate and Estate Litigation Blog

How do family members invalidate wills?

When a Minnesota resident has taken the time to create an estate plan, they believe it will be followed after their death. A person's will is an important document that helps a family understand how their loved one wants their assets distributed after their death. When a family squabbles over a will, they may want to work to invalidate it.

There are several ways a family can invalidate a will. A person can say that the will was not properly signed according to state laws. If proper procedures are not followed for signing the will, it may be invalidated. A person can also claim that the person who created the will or trust lacked capacity. For a person to have capacity to write a will, they would have to understand their assets, their family relationships and the legal ramifications of having a will. Undue influence is another way a family can invalidate a will. Undue influence can happen if the person creating the will changed the will because of another person's influence. Finally, if a person signs a will that is fraudulent, the will can be invalidated. If the person believes they are signing a different document or will, then it would be a fraudulent will.

Family disagreements over inheritance are common. These disagreements can turn into legal battles that tear families apart. A legal professional who is skilled in probate litigation can help a family who has questions regarding their inheritance and other probate issues. An attorney can help the family negotiate issues before they become bigger problems that push families apart.

Inheritance can be a tricky and emotional subject for many people. Expectations can be different and cause disagreements that last for years. Having these issues worked out with an attorney can help a family stay together.

Source: wealthmanagement.com, "Keep Family Squabbles from Undermining Wealth Plans," Dec. 13, 2017

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