Ask an Estate Law Question, Get an Answer ASAP!
Welcome! Thank you for your question.
A Will and Revocable Trust Contest must be brought within 2 years of the probate of the Will. http://law.justia.com/codes/kentucky/2011/394-00/394-240/ Will contests are rare in Kentucky and extremely difficult to win.
The Kentucky Supreme Court has stated there is a strong presumption that a person who writes a will is competent to sign it and that the degree of mental capacity required is "minimal."
In a 1999 ruling that over the years, it had upheld wills written by people who had been declared partially incompetent and others who believed in "witchcraft and spiritualism."
Judges and juries will look to see if there is clear "undue influence" that make a will suspicious.
"The classic example is if you have a will and move into a nursing home, then suddenly you write another will leaving everything to one of your nurses,"
I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.
Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you feel there is something more I could have done please do not rate me and click REPLY TO EXPERT.
I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."
The will and trust was drawn up by my late husband while he was beeing treated for cancer and i'm not sure if he knew exactly what was put in it before he and i signed it. He was not in any condition to read the papers and i did not read them either because he was going into surgery just a short time after the papers were signed and i trusted that everything was ok. I have greived for the past 22 months over his loss and have wondered if it was a mistake that i signed them and to see if there is any legal options i can take?
I empathize with your situation. There are situations where cancer treatment causes temporary incompetency. However, cancer treatment does not cause incompetency in every situation. To contest the Will, you would have to show that the cancer treatment caused incompetency at exact time of signing and to the extent that he did not even know his natural heirs or what assets he owned. If you cannot show then then there are not legal options to change the disposition of his documents. You could possibly still change your documents but you would need to specifically discuss that with an estates attorney that can review your specific documents.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).