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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption