If my late dad’s health/mind was declining for the past 5 years but he changed his Will 2 years ago to name my sister as his sole beneficiary, what action can I get my rightful inheritance?
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If my late dad’s health/mind was declining for the past 5 years but he changed his Will 2 years ago to name my sister as his sole beneficiary, what action can I get my rightful inheritance?
He was 80 at the time of the change.
Asked on December 15, 2015 under Estate Planning, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can contest the Will in probate court. Your legal arguments to challenge the Will would be (1) undue influence on the part of your sister; and (2) your dad did not have testamentary capacity (mental competency) to change his Will.
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