What can we do if my infirm father of 80 met and married a 77 year old woman 8 months ago and changed his Will to leave everything to her?

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What can we do if my infirm father of 80 met and married a 77 year old woman 8 months ago and changed his Will to leave everything to her?

After only 4 months of marriage he changed his Will. His mind is sometimes not good. He now has pancreatic cancer and has 1 to 2 months to live. Do we as his three girls have any chance of protesting his Will because we do not think he knew what he was doing when he changed it?

Asked on December 31, 2015 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear of your father's illness.
You have grounds for contesting the Will based on undue influence (from his new wife) and  lack of  testamentary capacity (mental competency) if your father did not know what he was doing when he changed the Will.
There may be additional grounds for challenging the Will if it was not properly executed.  The Will has to be signed by your father in the presence of two disinterested witnesses who also signed.  If he did not have a new Will, but just amended his Will, the amendment (codocil) would require that he acknowledge his signature in the presence of two disinterested witnesses.


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