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How to Bring an Undue Influence Claim in a South Dakota Will Contest


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10/12/2011
Zimmer, Duncan & Cole
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Imagine losing a beloved family member whose will is then probated in South Dakota. Then imagine the will indicating that your beloved family member has left a part of the estate to someone you have never met or barely even know. This comes as a shock not only to you, but also to the other family members who consider themselves beneficiaries of the estate. Nobody wants to look greedy, but what can you do in such a situation?

 

A person cannot contest a will solely because he or she feels slighted by the distribution of assets. However, a person with standing may contest a will in South Dakota once it is probated based on a claim of undue influence. The elderly often become victims of undue influence, financial manipulation, scams, or fraud because they easily succumb to outside pressures and coercion. Undue influence occurs when outside pressures negate the testator's own free will. 

 

If you believe that the distribution of the estate as set forth in the will does not reflect the testator's intent, speak with an attorney about contesting the South Dakota will on the grounds of undue influence. Contesting a will may be a lengthy process. Therefore, you should speak with an experienced Sioux Falls will contest lawyer if you believe that your beloved family member was a victim of undue influence when the will was developed or as the result of a last-minute change. Contact a knowledgeable Sioux Falls will contest attorney with Zimmer, Duncan & Cole by calling toll free at (888) 733-2992 or by completing the contact form on this page. You also can order a copy of our free book, A Step-by-Step Guide to Will Contest Cases. Contact our knowledgeable attorneys today before time runs out on your claim. 



Category: Will Contest


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