Contesting a Will in Louisville

Louisville Will Contest: FAQ

Below are some frequently asked questions and answers about contesting a will in Louisville.

Can I contest a will?

A person has the legal right to contest a will in Louisville as long as he or she has a vested interest in the will, which means the person must be one of the beneficiaries named in the will, or one who would have been considered a beneficiary in the event there was no will.

What are the time limits for filing a will dispute in Louisville?

Questions on the validity of a will must be filed in Kentucky probate court within a certain number of days after receiving notice of the death or petition to admit the will to probate.

What would the court consider valid grounds for contesting a will?

    * Fraud: The will was forged or otherwise created outside of the true intentions of the deceased.
    * Duress: The will was written under duress and undue influence from another party.
    * Uncertain Wording:  The intention of the testator is unclear when looking at the will.
    * Mental incapacity: The testator lacked the mental capacity necessary when the will was signed.
    * Will is not current: There is a more up-to-date will.
    * Will was not properly witnessed: The will was not legally or properly witnessed and/or the witness signatures are fraudulent.

Can I contest a will in Louisville on the grounds of fairness?

No. Unlike the aforementioned issues of validity, fairness or unhappiness with the proposed distribution of property does not constitute a legal basis for a will dispute in Louisville.

What happens to the probate process once an eligible person contests the validity of a will?

Once a Louisville will dispute is brought before the court, the entire probate process comes to a halt until the court makes a decision.

What happens if the court finds that the will is not valid?

The court could throw out all or part of the will and distribute the property as if the decedent died without a will. The court could also decide to use a previous will depending on the circumstances that surrounded the creation of the new will.

Do I need to hire an attorney if I wish to contest a will?

Yes.  If there is even the possibility of a Louisville will contest, an experienced probate lawyer can evaluate the validity of your case before filing a dispute, help you organize and present evidence, question witnesses during the trial, and navigate the legal maze of probate court.

Call us

If you have questions about how to contest a will in Louisville or if you require experienced representation to enforce the terms of a contested will, the lawyers at Denise Brown’s Legal Directions can help.  To learn more, you can contact us online, or call us toll free at 1-888-309-8985 or 502-587-0331 to schedule a confidential consultation.