What can I do if my mother was manipulated into changing her Will?
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What can I do if my mother was manipulated into changing her Will?
She had a Will prepared leaving about 1 1/2 years ago which left me her home. She is now dying of cancer and my 3 siblings had a new Will prepared splitting the house 4 ways; my mother signed while she was in the hospital. Prior to this they were very mad at her for leaving the house to me and were coercing her to change the Will. Her mental state at the time of the signing was not good. Should I contest the Will?
Asked on January 7, 2016 under Estate Planning, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your mother.
You have grounds to contest the Will for undue influence because your siblings "coerced" your mother to change her Will.
You also said that your mother's mental state "at the time of signing was not good". Therefore, testamentary capacity (your mother's mental competence) would be an additional ground for contesting the Will.
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