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Do I have a case for undue influence in probate court?
Anonymous4 views4 answers
I've been informed that my step mother is going to probate court over my dad's will. She had left him and came back when he was diagnosed with cancer. 1 month before he died he changed the will and left her the house, which had been left to my sister and 5 days before he died he changed his 3 children's life insurance of $50,000 and gave her $20,000 from each. She had him convinced she wouldn't qualify for VA benefits and would have nothing. She immediately applied for and received full widow benefits and money for her daughter totally over $4,000 a month. She wouldn't let him be around anyone in the family alone. We feel she only came back to manipulate him while he was dying. She is now going to probate court. Can we contest and bring these concerns up in court?
The facts create a suspicion that undue influence, among other grounds may exist to support a contest. A will contest is a lawsuit. You need a trial attorney who has tried this type of case to a jury. You have more leverage if the contest is filed before will is admitted to probate.
You need to sit down with a probate attorney for a consultation. The burden of proof will depend on whether the will has already been admitted to probate court or not. You may still have time to contest the will, but you will need a probate attorney to represent you. It is also a good idea to gather any medical records available to you. These will be crucial in determining your father's mental state at the time that he created the new will. Good luck to you and sorry for your loss.
Donald Joseph Quinn IIProbate AttorneyKansas City, MO ·
First of all, you need to consult a good probate practitioner. Second of all, you need to give them all the facts and let them decide whether there are enough facts that fit the law regarding undue influence to contest the will and possibly any nonprobate transfers that were made before he died.
The facts you have provided certainly indicate a potential lawsuit. You need to contact and discuss this matter with a probate attorney who specializes in litigation as quickly as possible in order to learn about your options and to protect your interests.
