Can a Will be broken after death by Fatgers kids against step mother with no children from father

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Can a Will be broken after death by Fatgers kids against step mother with no children from father

My father is in hospice and my stepmother has complete control over every decision in his life. It appears she is very sneaky, underhanded and filed with greed. My father has Alzheimer’s and forgets a lot of choices made by her nasty influence. Can his will be broken by his kids? They have no kids together. I am sure she has cut his paternal kids out, yet included her 2 own. They as well are grown adults, which he never raised due to them being adults at marriage. How can I find out what stipulates on will per her request?

Asked on August 3, 2017 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A will may be challenged IN COURT and legally set aside for proper cause shown by evidence, such as that testator (person making the will) was mentally incompetent when he made, or was the victim of illegal coercion, fraud, or undue influence when he created the will. Or it may be possible to show it was not properly executed (signed and witnessed). A court can, if good cause is shown, set the will aside or void it; but otherwise, it must be enforced as written.


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