What will happen if my oldest brother passed away recently and had a Will?.

UPDATED: Dec 31, 2013

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What will happen if my oldest brother passed away recently and had a Will?.

He has been married for 4 years,and left everything to his wife. His adult son (30) has hired an attorney to try and take things from my brother’s widow. My brother didn’t have much, and the things he did own were going to be sold to help her situate thier home in order to sell it. The son lives in one state and the widow is in another. He was not financially dependent on my brother, nor is he handicapped in any way. Does he have any legal grounds to continue trying to take things from her?

Asked on December 31, 2013 under Estate Planning, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless your late brother did not have the mental capacity to make the Will when he signed it, his late widow who is named as its beneficiary gets the entire estate based upon what you have written. The adult son faces an uphill battle in setting aside the Will under clear and convincing evidence.

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