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Posts Tagged ‘will contest’

Can an Incompetent Person Change Their Will? When Does Someone Lack the Capacity to Create or Change Their Will or Trust?

Last will & testament document and a ballpen

We regularly litigate cases involving allegations that family members or other caregivers convinced an elder with dementia to change their will or trust in order to cut someone out or get a bigger share for themselves. A will or trust that has been changed can, however, often be reversed and assets can be recovered if you can show that the person should not have been allowed to make those changes. […]

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Proving Undue Influence in Probate Court

Let’s talk about elder financial abuse and undue influence, and let’s start with a hypothetical scenario. Bill is an only child. Upon his father’s death, he learns that his dad’s last will leaves a third of his estate to a woman called Leeanne. Bill is stunned. His father had long been telling him that he is his sole heir. And as for Leeanne — yes, she entertained his dad by […]

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Legal Standing and Grounds: Who Can File a Will Contest and Why?

As an attorney, I sometimes receive inquiries from potential clients who want to challenge the will of a recently deceased person. I invariably end up disappointing these people when I tell them that a will contest is not only expensive but also very hard to win. Why? To begin with, only a handful of people in any given case have the legal standing to file a will contest. Moreover, the […]

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