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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9905
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I have a friend in prison in Ohio whose family lives in N.E.

Customer Question

I have a friend in prison in Ohio whose family lives in N.E . Tennessee. His father passed away last month and has a piece of land with three mobile homes. A daughter lives in one, a son in the other and he in the third. Two days before he died the daughter had everyone leave the hospital room and had the father sign over his home to her. The land is supposed to be deeded to all three kids but has not been registered. The daughter took all the important paperwork out of the home so my friend has no idea what's going on? Family does not get along.Father did not have a will. Not sure how I can help him? Thanks.
Submitted: 9 months ago.
Category: Estate Law
Expert:  LegalGems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 9 months ago.

I am sorry to hear that your friend is going through this; in order to dispute the will, this is going to require an attorney.

Basically, if a party exercises undue influence the will can be voided. Undue influence occurs when a vulnerable (aging,ill, etc) person is unfairly influenced (manipulated) by a person, usually a person in a position of trust (ie relative). The undue influence causes that person to change their will, usually excluding all other relatives.

The more vulnerable the individual is the easier it is to prove the undue influence.

Also, one needs to have mental capacity to change a will; if the individual was so ill that he did not have mental capacity, the will is voided. The person must understand the legal effect of the document they are signing.

Basically one needs to petition the court, challenging the will (a will contest). If the court determines there was undue influence or insufficient capacity, the will is thrown out and the property passes via intestate succession (ie to next of kin; so to all children equally for example)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!