Can I contest a will being on public assistance? And I am the Daughter of the Person that pass away and has me on his will?

Asked on June 30, 2009 under Estate Planning, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not sure whether you want to contest the will itself, or the way it's being adminstered, but in either case, it should not matter that you're on public assistance.  You may be able to get help from legal aid, if you have a solid case.

Contesting a will isn't easy, even with a lawyer, and you will need some very solid evidence for that.  Most challenges are for undue influence or lack of capacity.  For a will, not a whole lot of capacity is required, and undue influence means that someone else's intention's, not those of the person who signed the document, were what got put into words.

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