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Would a Judge ever invalidate a will without contest?

Saint Paul, MN |

Informal Probate application closed administratively/Denied for specific reasons. If the Personal Representative/Attorney can not find the information required to go forward with Formal Probate Is invalidation possible or is their a time frame set for response?

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Posted

Your question is very vague and I'd need more details to give you a full answer. In short, a judge can invalidate a will for a variety of non-contested issues. For example if a gift in a will lapses because the heir/devisee died before the decedent, the judge can invalidate the will or at least that part of the will. Contact a probate attorney with more details. Feel free to give me a call if you need any help - (651) 698-2181.

Andrew C. Thompson, Attorney at Law, 1539 Grand Avenue, St. Paul, MN 55105, (651) 698-2181, athompson@tl-attorneys.com I am providing this information solely for informational purposes. The information you obtain at this site is not, nor is it intended to be, legal advice. Nothing transmitted in this posting establishes an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. You are welcome to contact me personally in anyway. However, such contact does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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You need to consult a probate attorney in the state where the person died or where they owned land or resided. Ideally a probate attorney in the county where probate is occurring. Generally someone would need to file a motion or petition of some sort to challenge the validity of a will if on its face it was valid (i.e., signed and dated at the end)

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Posted

Informal Probate is reserved for those matters which are totally (more or less) routine. If there is something unusual about the filing, such as only a photocopy, rather than an original, of the will can be found, the filing is likely to be rejected for the Informal process. Depending upon the reason for the rejection, there's normally a very good chance that the will can be probated formally. (If the legal requirements of will are not satisfied, such as an unsigned document, or a document which was signed but not witnessed by two adults, then it will most likely not be able to be probated at all.)

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