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Will Contest
Small Town Roots and Statewide Success Since 1948
It is difficult to bear the death of a family member or loved one, even if the death was expected after a long illness. The pain is even worse when you suspect that your loved one's will does not reflect his stated wishes or contradicts promises made to the family. No one wants to look heartless or greedy when a family member dies, but a suspicious last will and testament is not something you or your family should ignore because of tension or hurt feelings.
If you suspect that fraud or undue influence contributed to a last-minute change or an unexpected bequest in a will, respecting a mother's or father's last wishes may mean hiring an attorney to challenge the validity of the document. Or you may need a lawyer to defend your relative's will against false claims.
With offices in Sioux Falls and Parker, South Dakota, the fast, adaptable, approachable, and professional lawyers at Zimmer, Duncan and Cole handle a range of cases including will contests.
Our attorneys understand the emotional difficulties involved in these cases and will work to spare your family the rancor and bitterness that may arise from contesting a will.
Wills can be contested or questioned for many reasons, including:
- Undue influence - Your in-laws in Dell Rapids, SD kept the rest of the family away from your wife's dying mother. They monitored her mail and took her phone calls. Now they get the entire estate per the terms of mom's new will. Something is not right.
- Unsound mind - Your grandfather in Parker, SD seemed perfectly lucid up to his death, but the strange bequests in his will suggest that he may not have been mentally sound when he drafted it.
- Fraud - A scam artist operating in South Dakota developed a fraudulent financial relationship with your father at the end of his life. Not only did he take dad's money while he was alive, but he convinced your father to change his will.
- Lies - Your grandmother lived in Mitchell, SD and you live in Sioux Falls. You didn't see her much but thought your relationship was good, only to learn that someone had intentionally ruined your reputation with her. As a result, she cut you out of her will.
Our elderly relatives are especially vulnerable to scams and financial manipulation. This is a dangerous, non-physical form of elder abuse.
The firm of Zimmer, Duncan and Cole has an established reputation for winning cases in South Dakota. Our attorneys do not back down. We will go to court on your behalf if necessary.
Things to think about when making a will:
In order to avoid uncertainty about your own will, make sure you and your legal representative are familiar with the Uniform Probate Code and its terminology as it is used in South Dakota.
In addition to a Last Will and Testament, you may consider drafting a more detailed ethical will or legacy letter, which helps to ensure that your family and loved ones clearly understand your wishes and the reasoning behind your bequests.
You also have the option of leaving funds in a Revocable Living Trust, which allows you more control over the investments you leave to your beneficiaries. A trust is not considered part of the estate and does not have to go through the probate process upon your death.
- If you feel that your South Dakota loved one's will was produced under undue influence or on the basis of misinformation or fraud...
- If you feel that your South Dakota loved one's will does not reflect his or her wishes or statements...
- If you need to defend your South Dakota loved one's will against false claims...
Please call [1-877-336-1650, 605 361-9840, or 605 297-4446] or fill out our online contact form for a free consultation. You can also request our Free Reports for information you can use to help you decide if you need an attorney's help.
Zimmer, Duncan and Cole is located in Sioux Falls and Parker, and serves all of South Dakota including the following counties, cities and towns:
Minnehaha County: Sioux Falls, Brandon, Dell Rapids, Hartford, Garretson, Crooks, Baltic, Valley Springs, Colton, Humboldt, Sherman, Corson. Lincoln County: Canton, Beresford, Lennox, Hudson, Harrisburg, Fairview, Worthing, Shindler, Tea, Moe, Norway Center. Turner County: Parker, Chancellor, Centerville, Hurley, Davis, Viborg, Dolton, Irene, Marion, Monroe. McCook County: Salem, Bridgewater, Spencer, Unityville, Canistota. Lake County: Madison, Chester, Winfred, Franklin, Nunda, Ramona, Wentworth. Moody County: Colman, Egan, Trent, Ward. Brookings County: Brookings, Arlington, Volga, Elkton, White, Aurora, Bruce. Davison County: Mitchell, Ethan, Loomis, Mount Vernon. Beadle County: Huron, Wolsey, Iriquois, Cavour, Hitchock. Hutchinson County: Parkston, Freeman, Menno, Tripp. Union County: North Sioux City, Beresford, Elk Point, Alcester, Jefferson. Bon Homme County: Tyndall, Scotland, Springfield, Avon, Tabor. Yankton County: Yankton, Volin, Gayville, Mission Hill, Lesterville. Spink County: Redfield. Hughes County: Pierre. Stanley County: Fort Pierre.
Blog for Will Contest
Library for Will Contest:
- Estate Litigation Q&A: Understanding Basic Vocabulary
Description: This article aims to teach you some of the basic vocabulary used in Estate Planning and Will Contests. - 8 Questions You Should ask a Will Contest or Estate Litigation Lawyer Before You Hire A Lawyer
Frequent Questions for Will Contest:
- What if I need a lawyer to defend my relative’s will against false claims?
- What should I do if I suspect that fraud or undue influence contributed to a last-minute change or an unexpected bequest in a will?
Case Results for Will Contest:
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SIOUX FALLS
5000 S. Broadband Lane
Suite 107
Sioux Falls, SD 57108
Phone: 605-361-9840
Fax: 605-271-7872
Toll Free: 877-336-1650
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PARKER
120 N. Main Street
P.O. Box 550
Parker, SD 57053
Phone: 605-297-4446
Fax: 605-297-4488
Toll Free: 877-336-1650
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