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My mother change her will and my brother took me to court on…

My mother change her...

My mother change her will and my brother took me to court on power of attorney issues, and issues relating to her will....the judge dismissed the case with prejudice.....now my mother has passed and he is trying to contest the will.....?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Nj

Lawyer's Assistant: What documents or supporting evidence do you have?

All if the documents from court

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Answered in 1 minute by:
3/16/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,566
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I have read your comments, but I am not sure what your legal question is?

.

Has he actually filed a lawsuit to challenge the will?

.

Did the judge rule that mother was competent to make the changes to her will?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
mother was competent.....and yes he is contesting the will!

Ok, so what is your legal question I can help with?

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Customer reply replied 4 months ago
Can he contest the will and does he have a leg to stand on?

He can file a will contest if he wants to incur the cost of doing so. There is no way for me to tell if he has any legal grounds because I have no idea why he is contesting it.

.

It is kind of like asking "Can someone win a lawsuit against me?".... without examining the entire case and going over any evidence, there is no way to give you an opinion as to the strength of the case..

.

But if he is contesting the will claiming mother wasn't competent, then that should be fairly quickly dismissed as "res judicata" meaning " a thing already settled" since the judge found her competent in the prior case..

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Customer reply replied 4 months ago
That's what I thought, I'm confused as to why he would even try.

Can't tell you... but if his grounds are the same as the prior case then your attorney should be able to file a motion to dismiss based on res judicata

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Customer reply replied 4 months ago
Thank you very much!

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Have a great evening!

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,566
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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Barrister
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