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jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 153
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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I have a friend who's mother recently died from cancer, he

Customer Question

I have a friend who's mother recently died from cancer, he was an only child and extremely close to his mom. She had married after he became an adult. She was married for approximately 16 years and was still married when she passed. One of the conversations she had with her son was about leaving everything to her grandson. After she passed my friend found out that everything was left to the husband and absolutely nothing was left to him or his son. He thinks that the will may have been tampered with. And wanted to know his rights if any.
Submitted: 5 months ago.
Category: Estate Law
Expert:  jb156200 replied 5 months ago.

Good Evening. There are several ways to contest the validity of a Will. The first is by proving the person was incapacitated when they executed the document. The second way, is by proving the presence of fraud, forgery, or undue influence. Your friend would have to prove that his mother was unfairly influenced by her husband. The third option is to challenge the execution of the Will. Depending on what state she executed her Will, there are specific rules on how a Will must be executed. If the Will is not executed according to a state's statutes a person can have a Will invalidated.

In order to contest a Will, it is in your friend's best interest to hire an attorney in the state in which his mother's estate will be administered. It is a complicated process and definitely requires the expertise of a licensed attorney.

Hopefully this information will help you guide your friend. Please let me know if you have an additional question or need clarification. I greatly appreciate a positive rating and wish you all the best.

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