How hard would it be to contest my father’s Will and fight my brother for my part of the estate?

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How hard would it be to contest my father’s Will and fight my brother for my part of the estate?

My father died 2 days ago. He has living estate with my brother listed as executor. He was diagnosed with terminal brain tumor 4 months ago. My brother and I do not get along. We were caring for him at home. There was abuse by brother physically assaulting me and I had to leave. The Will was changed. Recently. To have certain conditions to which I have to agree to and complete over a 5 year period. One of which I have to agree to my brother imposing random drug tests on me anytime he sees fit. And other stipulations where he is in constant control of my life. I’m 45 years old. I want to contest this Will and what chances do I have of winning and gaining my part of inheritance.

Asked on December 29, 2016 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It doesn't matter if the will is unfair or if it treats a 45-year-old like a child--that has no bearing on whether it is valid.
To successfully contest it, you would need to show one or more of the following:
1) Your father was mentally incompetent at the time he created the will; you'd need medical evidence of this.
2) Your father was coerced by threats of violence or criminal activity to create the will.
3) The will was forged.
4) Your father was tricked as to what was in the will (e.g. shown will 1, agreed with it, but then was handed a different will, with different terms to sign).
5) The will was the product of "undue influence"--basically, your father so under your brother's control  when it was created (e.g. he lived with your brother, your brother was caregiver and controlled his access to the world, etc.) that he would do whatever your brother said.
If you can't show one or more of the above with evidence, the will is valid and enforceable.


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