Contesting a Will in South Dakota: What You Need to Know

If there is concern or suspicion about a will being invalid due to a less than scrupulous influence, it is beneficial to present your concerns to a professional South Dakota will contest lawyer. If there is foul play, the will can be contested in South Dakota through probate.

In this process, a family has the opportunity to set right the last wishes of the deceased, remedy financial losses, and bring about justice. The process of contesting a will requires that one or more of the following be present:

• 1. The will was not properly executed according to state laws and mandates.
• 2. The descendent did not have the mental capacity to understand what was being signed.
• 3. The descendent signed under duress, such as incidences of intimidation, threats, or withholding.
• 4. There was undue influence on the descendent before signing a will.
• 5. The will is a fraud.

Being unhappy or disappointed about a will is not enough to pursue a will contest. One of the abovementioned five must be present if you have a real case in court. Either portions of a will or an entire will can be contested, depending on the circumstances.

These cases can be quite complicated, and it is recommended that you get the help of a South Dakota will contest attorney if you think you are eligible. A qualified attorney will walk you through each step of the process of having a will contested.

For more information about your legal rights, call the Sioux Falls will contest lawyers of Zimmer, Duncan & Cole at (888) 733-2992. You also can fill out the form on this page, and we will contact you within 24 hours.