What is the criteria for contesting a Will?
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What is the criteria for contesting a Will?
My mother has dementia. She re-did her Will 1 1/2 years ago when she was in the early stages of the disease but was still living part-time by her self. My sisters are now trying to contest the Will.
Asked on September 3, 2010 under Estate Planning, Louisiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can not contest a Will until a person is dead and the Will has been offered for probate. From the way that you have written the question it appears that your Mother is not yet deceased. Are they trying to set the Will aside while she is alive? What you are going to have to do is to speak with the doctor whose care she was under at the time and ask for his opinion as to whether ir not she was of "sound mind" at the time of the making of the Will. Being of sound mind is a judgement call based on a few different factors but generally "knowing the object of your bounty" is how the cases in many states have been decided. A person in the early stages of dementia can certainly still be of sound mind. You also have to make sure that she was not "unduly influenced" by anyone given her condition. Seek legal help. Good luck.
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