On what grounds can a Will be contested?

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On what grounds can a Will be contested?

My father passed away 25 years ago. At that time he left everything in Trust for my stepmother. I recieved a call saying that my great grandfather owned a house that went to his last wife that passed it to her family. The last of her family passed 2 weeks ago and the house is now being sold. The proceeds are to be divided between my uncle my father’s 2 children (my bother and myself). My stepmother is going to contest this. How can she when my father was already dead when this property was sold?

Asked on June 28, 2014 under Estate Planning, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a Will can be contested based upon lack of mental capacity, duress, and fraud against the person that signed the Will. Based upon what you have written, I suggest that you consult a Wills and trust attorney in your locality. One can be found on attorneypages.com.


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