Although it is often kept quiet, many families are in need of a lawyer for Family Law in Auburn, Indiana. Disputes within a family happen in divorce, child custody, probate, division of assets, and for many other reasons. A living will is a powerful legal document for individuals who want to put their assets in the right hands after death or a mentally disabling illness. A will is a legally binding written declaration that states what is to be done with the valuable personal assets of someone who has passed. This includes a home, family heirlooms and monetary assets. It may also say who is to have guardianship to make decisions for that person in a mentally incapacitating illness.
The terms of a will as a whole is called an estate. A person’s estate must be proven valid in probate court when it is time for it to be honored. It is strongly advised to consult with a lawyer for assistance in writing a will. There are several mistakes that can make a will invalid. The testator must have been mentally competent. A will must conform to state laws in the way that it is signed. This may mean one or two witnesses must also sign to confirm the testator approved of the final stipulations. Any person providing guidance in creating an estate for someone else must not convey misleading information to the testator as it would be considered fraud. Many cases of estate fraud occur when testators are led to believe they are not consenting to the stipulations of their estate. Undue influence is when a person takes advantage of another who can be easily lead to making the wrong decisions. The person may be encouraged to make choices contrary to the decisions they would make on their own.
A lawyer for family law in Auburn, Indiana can assist individuals pursuing a will contest, or help organize the estate of a deceased family member with no will to be approved in court. The process of a will contest is very complex with many being denied without legal assistance. To be sure a will is written and signed with proper legal formalities, or to contest a will, contact Yoder & Kraus for legal counsel.
