Is there anything we can do ifmy grandfather’s Will was changed 3 weeks beforehe passed away?

One of the witnesses is willing to recant there signature and state he was not in his right mind to be signing any type of paperwork.

Asked on November 2, 2011 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for his death and for your situation.  You have ever right to challenge the new Will if in fact you think that your grandfather was not "of sound mind" when he signed it.  If some one brought him to an attorney to make up a new Will you can try and prove "undue influence" of another upon your grandfather who was in a frail mental and/or physical condition.  The facts surrounding the situation will matter here.  Was he on medication that made him unaware?  Did he have medication?  There is a saying that he had to know "the objects of his bounty" or in other words, those who were his loved ones and should have inherited.  You will need some legal help and the time frame to have the Will set aside can be short.  Good luck. 


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