Laws about estate planning in Indiana regulate the formation of wills and trusts and the process for challenging their terms. Sometimes disputes arise among beneficiaries or those who believe that they were unfairly excluded from an estate plan. To challenge the validity of a will or trust, you must file a claim in the appropriate court. Before taking this action, you should confirm that you possess legal standing to contest the will or trust. Spouses, relatives, public agencies, and creditors could meet this requirement, but a consultation with an Indiana probate lawyer can provide clarity about your legal standing.
If you think that you need to challenge a will or trust, you should immediately speak with an Indiana probate lawyer. Indiana law limits your window of opportunity to challenge a Will or make a claim against the estate.
The deadlines for challenging trusts vary. The timing of a settlor’s death or when a trustee notified you about the trust could influence your filing deadline.
Common Reasons to Contest a Will or Trust
Because an estate plan represents a person’s final wishes concerning assets, a court needs a justifiable reason to undo or alter the terms of a will or trust. Procedural errors, like failing to sign or failing to sign in front of witnesses, might provide proof of invalidity. The incapacitation of the person creating the will, known as the testator, could invalidate the terms, as well. If you need more information, call us today (317) 565-1818 for a complimentary consultation.