Can I contest my mom’s will?

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Can I contest my mom’s will?

My mom moved in with my brother 8 years ago because her health was failing. She passed away a few weeks ago and I just got a copy of her Will and my brother now gets everything except $15,000 which goes to his wife. The will was changed 3 years ago and the old Will from what I was told left the estate to my brother, me and my 2 nieces and a nephew. My brother was to get 1/3, me 1/3 and my late brother’s 3 kids split 1/3. I feel that my brother used undue influence to get my mom to change the Will. Of course at with most things it is more complicated then that but that is the gist of it.

Asked on March 14, 2016 under Estate Planning, Nebraska

Answers:

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

Answered 5 years ago | Contributor

Sorry to hear about your mother.
Undue influence would be a valid argument for contesting the Will.  Also, the fact that you have been omitted from the Will would be another argument for contesting the Will.  You can claim that you were unintentionally omitted assuming that there isn't any language specifically excluding you as a beneficiary of your mother's Will.
Another issue to consider is whether or not the latest Will was properly executed.  If it did not comply with the legal requirements; for example, signed by your mother in the presence of two disinterested witnesses who also signed, it can be contested.  If your mother did not have testamentary capacity (mental competency) when she signed the Will, this would be another ground for contesting the Will.
 


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