Would a Judge ever invalidate a will without contest?

Asked over 1 year ago - 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?

Attorney answers (3)

  1. Andrew Thompson

    Contributor Level 9

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    Answered . 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.... more
  2. Douglas M Turbak

    Contributor Level 10

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    Answered . 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.)

  3. Adam S. Bernick

    Contributor Level 13

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    Lawyer agrees

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    Answered . 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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