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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 50361
Experience:  Licensed attorney helping individuals and businesses.
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I did not agree with several things in my mothers will mainly

Resolved Question:

I did not agree with several things in my mothers will mainly my broeforether being appointed executor since I believe he intimidated her into several things in the will. I did not expect or care to get anything I have no problem with that. but he had her do the will 6 days before she died of cancer or while she was on strong pain meds, she hasn't lived in her own home since Katrina & most of her belongings are at his home. also only 2 of her 3 grand-daughters were included or mentioned ,my 26 yr old daughter wasn't even mentioned & that was not like my mother she loved all 3 granddaughters equally, problem is I live in Arkansas & didn't make it to the hearing in Gulfport on 7-24-13. other things have been brought to my attention since then by other family members that are intimidated by him. can I still do anything to stop him from having control & look into what has happened to some of mothers assets like life insurance policys he denies she had,autos mentioned in the will but were disposed of months earlier,etc
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

Reviewing your facts now

INFOLAWYER :

What outcome are you seeking?

INFOLAWYER :

are you asking if the will can be challenged?

Customer:

yes can it still be challenged & my brother removed as executor as he had moved mothers belongings into his home after Katrina & somehow manipulated her into taking out a lg mortageon the home she has had pd off at least 20 yrs supposedly to repair the damage from Katrina after the insurance pd for repairs he never let her move back into it yet her will states it as where she resided, also he got the money from her bank accts & her 401 k & said the only life insurance she had only had few months & it wouldn't pay, yet my siblings & I know mother has had multiple life insurance policys since we were young. and that's just for starters,

INFOLAWYER :

It may be challenged

INFOLAWYER :

but to do so

INFOLAWYER :

you need to meet an exception

INFOLAWYER :

which means you have to show fraud, duress, lack of capacity, or improper execution

INFOLAWYER :

Keep in mind that insurance policies typically pass to the named beneficiary on the policy, and not by will

INFOLAWYER :

Is that clear?

Customer:

yes I understand that we just want to know what happened to them & he told me himself when he notified me of her death that he had taken classes to learn how to inject her pain meds, and since one granddaughter was completely not mentioned in the will 6 days prior to her death yet was in the obituary & video tribute leads me t

Customer:

o believe mother wasn't in her right mind

INFOLAWYER :

He has to account for it

INFOLAWYER :

and if he wont do it on demand from you or a lawyer

INFOLAWYER :

then the court can compel it

INFOLAWYER :

it would be an accounting

INFOLAWYER :

and you may also independently investigate by contacting insurers.

INFOLAWYER :

I wish you the best.

INFOLAWYER :

Let me know if the answer is clear.

Customer:

one more thing since I live in Arkansas & the proceedings were in ms what do I need to do to get this started

INFOLAWYER :

You need a local lawyer in Ms

INFOLAWYER :

for which I can suggest a directory

INFOLAWYER :

would you like that information?

INFOLAWYER :

a local estates lawyer?

Customer:

yes thanks

INFOLAWYER :

martindale.com and findlaw.com

INFOLAWYER :

are excellent resources

INFOLAWYER :

you can find local counsel by experience and location

INFOLAWYER :

I wish you the best and a nice weekend

INFOLAWYER :

Kindly click on an excellent rating for the answer.

Customer:

thank u so much for the excellent service & advice, u hope u have a great wknd also

Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 50361
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and 5 other Estate Law Specialists are ready to help you

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