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originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 879
Experience:  9+ years of experience in writing wills and probating estates in a variety of ways.
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My sister got control of my elderly mother. My mother died,

Customer Question

My sister got control of my elderly
mother. My mother died, and of
course my sister got my mother to leave most of her estate to her,
leaving only a pittance to my two
brothers and me. Can a judge
overturn her will if I decide to challenge the will?
Submitted: 1 year ago.
Category: Estate Law
Expert:  originallawyer replied 1 year ago.

Only if you can prove conclusively that your sister exercised undue duress on your mother. In most cases, Judges are not going to overturn a will unless you have concrete proof that she manipulated your mother. Evidence would be witnessing a conversation between the two where your sister was manipulating your mother. Or if the will was changed after a doctor had officially, in writing, declared that your mother was unable to make decisions for herself. Otherwise, the Judge is not going to overturn your mother's will. Will contests are an uphill climb and often end up costing more than you would get from the estate.

I suggest sitting down with an estate lawyer in your area and explain the situation in full to them. They can tell you how Judges in your area look at will contests and your likelihood of succeeding.