How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29010
Experience:  30 years experience in the practice of estate law.
17897874
Type Your Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

MY MOTHER AND STEP FATHER HAD A WILL IN PLLACE WHEREAS THE 4

Customer Question

MY MOTHER AND STEP FATHER HAD A WILL IN PLLACE WHEREAS THE 4 CHILDREN, ALL GET aN EVEN SHARE OF THE ESTATE NOW WE FIND OUT.. THAT AFTER THE MOTHER OF 2 DIED THE WILL HAS BEEN CHANGED TO THE OTHER SIDE GETS 80%
. NOW ONE SIDE OF THE FAMILY GETS 80% AND THE OTHER SIDE GETS 20, CAN THIS BE CONTESTED?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

My condolences for your loss.

Expert:  Loren replied 1 year ago.

Has the will been admitted to probate yet?

Expert:  Loren replied 1 year ago.

Also, have you had an opportunity to examine the new will?

Expert:  Loren replied 1 year ago.

Are you there?

Expert:  Loren replied 1 year ago.

You basically have two avenues of challenge. First, in the execution. You will want to ensure that it was properly signed and witnessed. Did the testator sign each page, as well as the signature line? Did the witnesses actually see the testator sign? Was the will notarized?

Expert:  Loren replied 1 year ago.

The other avenue is based in the testator's state of mind and testamentary capacity

Expert:  Loren replied 1 year ago.

Was the testator of sound mind? Was she ill at the time she signed? Did she understand the natural objects of her bounty, her children and other relatives?

Expert:  Loren replied 1 year ago.

These are the foundations of any challenge. The burden of proof is on the party making the challenge, but, even if your case is weak, you may be able to leverage the claim into a settlement. So, do not be afraid to move forward.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.

Related Estate Law Questions