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D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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We reside in Texas and my mother-in-law was killed in an accident,

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We reside in Texas and my mother-in-law was killed in an accident, when she was hit in a protected crosswalk by a 16 year old that ran a red light. She was a widow and remarried a man who survives her. In their wills they agreed that the three children, one on our side, my wife, and two on his side, were to equally split the estate. Upon my mother-in-laws death, my wife's stepdad redid his will to equal parts as in both wills previously stated.

A year later, after my mother-in-laws death, the stepdad changes his will to give everything except a set of dishes to my wife. The man is 90 years old and has lost it. He was coerced by his daugheter to change everything to her. By no means is this a big estate, perhaps $250K or so, but after 42 years of marriage, my wife is entitled to least we think. The stepdad is months from his death due to an illness. What can be done?
Submitted: 8 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 8 years ago.

Your wife can file a claim in probate court to contest her step-father's will. However, the burden will be on her to prove that her father in law was either not mentally competent when he changed his original will to the current one, or that he was unduly influenced and/or coerced into changing the will. If her will contest is successful, the court will determine that the original will is still in force.

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