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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55594
Experience:  29 years of experience practicing law, including tax and estate planning.
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My father's estate is in probate. The copy of s will was

Customer Question

My father's estate is in probate. The copy of his will was finally sent to me after several attempts of asking for it. Upon receiving it, their are so many, I think, questionable statements, I.e. Where he was living at the time, it is three pages none dated.
Also, it was told to me by my sister, he had just updated the will two weeks before his death. My father had cancer and had been having chemo up until approximately a week before his death, and the cancer had spread. Another reason I believe I want to challenge the will. I was his only living male son. He leaves me and my sister out of the will and leaves the sister neither parent got along with everything.
In your opinion should I challenge.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Absolutely you should contest the will. You can sustain a valid challenge by proving any one or more of the following: lack of the requisite mental capacity, fraud, duress, coercion, mistake, and/or undue influence. It seems that maybe all of these were present in your situation. Although the burden is on you, the fact that the new will benefited only one child, that this child was the one who engineered this new will; that this child was the one the parents did not get along with, that this will was created in such proximity to his death from cancer and chemo treatments, a "reasonable person"....which is the standard, is going to determine that this will would not have represented your father's intent in the absence of one of those elements. :)

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