How do I contest a Will?

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How do I contest a Will?

My father passed 18 months ago. My brother moved into my mother’s home and 6 months later he convinced her to give him $50,000 for down payment on another home (put in both his and hers names). Mom passed away this week and had put my brother down as owner of her other home. There are 5 siblings and we feel he convinced Mom to give him everything because of her gtief from Dad’s passing away. Mom never recovered.

Asked on July 21, 2011 Indiana

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  If you and your siblings are thinking of contesting your Mother's Last Will and Testament then you need to do so within a certain time frame after the Will is submitted to the court for probate.  I am assuming that this is a relatively new Will and your claim is that your brother unduly influenced your Mother in to changing her old Will and leaving everything to him, correct?  Please note that in many jurisdictions - New York included - the courts tend to believe that it is a natural thing for a parent to leave their belongings to the child that lives with them and cares for them rather than to see it as undue influence.  I am not trying in any way to dissuade you from contesting the Will as every set of facts differs.  I just want you to be prepared for the worst and hope for the best.  Good luck.


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