Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for the question. I am sorry to read of this dilemma.
Reviewing your facts now
What outcome are you seeking?
are you asking if the will can be challenged?
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,
It may be challenged
but to do so
you need to meet an exception
which means you have to show fraud, duress, lack of capacity, or improper execution
Keep in mind that insurance policies typically pass to the named beneficiary on the policy, and not by will
Is that clear?
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
o believe mother wasn't in her right mind
He has to account for it
and if he wont do it on demand from you or a lawyer
then the court can compel it
it would be an accounting
and you may also independently investigate by contacting insurers.
I wish you the best.
Let me know if the answer is clear.
one more thing since I live in Arkansas & the proceedings were in ms what do I need to do to get this started
You need a local lawyer in Ms
for which I can suggest a directory
would you like that information?
a local estates lawyer?
martindale.com and findlaw.com
are excellent resources
you can find local counsel by experience and location
I wish you the best and a nice weekend
Kindly click on an excellent rating for the answer.
thank u so much for the excellent service & advice, u hope u have a great wknd also