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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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My Mother left a will leaving everything to me. Can my sister

Resolved Question:

My Mother left a will leaving everything to me. Can my sister force this will into probate or is probate only when you don't have a will
Submitted: 8 years ago.
Category: Family Law
Expert:  socrateaser replied 8 years ago.

If you and your sister are adults, then the Will will be presumed to be the true expression of intent of the testatory. Your sister could always challenge the Will as the product of fraud, duress, undue influence or the product of a testator who was not of sound mind when the Will was executed.

 

But, if there are two witnesses, each of whom observed the testator sign or acknowledgte the Will, and who also signed the Will swearing to that observation, then it will be nearly impossible to challenge the instrument -- unless there is some independent evidence proving that the testator wasn't competent to execute the Will at the time it was signed.

 

 

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