My father passed away. In August, 2016, he made a will leaving only my brother as beneficiary. Do I have a case to contest.

Get Legal Help Today

 Secured with SHA-256 Encryption

My father passed away. In August, 2016, he made a will leaving only my brother as beneficiary. Do I have a case to contest.

My father died in March, 2017. His will was made out in August, 2016. In
October, 2016, he fell and was diagnosed with moderate dementia and placed in
nursing home. He deteriorated and passed away. My brother has split his assets,
such as life insurance and bonds we found. My brother is a hoarded and is using
my fathers home as storage for his junk. I would like to clean the mess up and
sell the home. Do I have a case to contest the will.

Asked on December 3, 2016 under Estate Planning, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Sorry to hear about your father.
You have grounds to contest your father's Will based on undue influence on the part of your brother in which he is the sole beneficiary.  You also have grounds to contest the Will based on testamentary capacity (mental capacity) since your father was diagnosed with dementia not long after the Will was drafted.


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