How do you contest a will in the state of Iowa?
In order for you or any other person to contest a will in the state of Iowa, you must be an interested party and you must have grounds. By definition, an interested party stands to lose or gain property, assets or something of value should a will be carried out as written. Interested parties are usually spouses, former spouses, children, parents or siblings.
Grounds are reasons based on the law that the will is invalid and should not be admitted to probate. Keep in mind, that in the Hawkeye State you have a limited amount of time in which to contest a will.
What are some grounds for contesting a will in Iowa?
Whether you are contesting a will or defending a will claim, you will have to present one or more of the following grounds:
- Lack of testamentary capacity: The testator did not possess the mental capacity needed to make a valid will.
- Lack of due execution or a mistake in the execution of the will: The will fails to meet the necessary formalities, i.e. the will is not in writing, signed or witnessed correctly.
- Undue influence or duress: A third party put pressure on the testator to make or change his or her will.
- Fraud or forgery: A third party faked a signature or made unauthorized changes to a will.
If you wish to lodge these or any other legitimate arguments to contest a will, you should reach out to a skilled Des Moines estate planning lawyer to discuss your next steps.
How can a Des Moines wills attorney help you?
A qualified legal professional will help you draft, collect, compile and present the documents and evidence needed to prove your case in court. These sorts of matters can drag on for years and cost you much in the way of money, time and patience. A seasoned legal representative can help smooth out the process and reach a more equitable resolution. Our firm will provide you with guidance and support as well as an honest assessment of your likelihood of success. Do not go it alone. Give us a call today.
Contact Our Des Moines, Iowa Firm
Herting Law, PLLC, is an Iowa-based law firm that has experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you. Whatever the situation, Herting Law, PLLC has you covered.