If the amount of an estate tripledbut no Will revision was done to accommodate the tremendous gain in assets, is this grounds for a contesting of the Will?

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If the amount of an estate tripledbut no Will revision was done to accommodate the tremendous gain in assets, is this grounds for a contesting of the Will?

My husband’s mom recently passed, leaving one son the sole heir; however, the one son questioned her mental faculties 5 months before he signed the revised will making him the sole heir. We find this strange. Also, after the Will revision a year ago, mom’s daughter passed away and mom was the beneficiary, thereby tripling mom’s finances. Mom did not revise her will to accommodate this change in her assets and we fear the sole heir manipulated her in order to gain the inheritance. Should we take legal action? Do we have grounds to challenge the Will?

Asked on December 2, 2011 under Estate Planning, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the heir under the Will of your mother in law questioned her mental competency 5 months before her Will was changed making this heir the sole beneficiary under the Will there may be grounds to contest the Will if in fact the mother in law was not competent to have made the Will when she did.

Whether one's estate appreciated post thre signing of the last Will signed by the decedent is not a grounds for contesting the Will. Any items not mentioned in the Will specifically should be picked up in the presumed "residual clause" of the Will that you are writing about.

Given the complicated nature of your questions, I suggest that you and your husband consult with a Wills and trust attorney about thre situation you are writing about.


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