If non-family moved into my late aunt’s home when she was seriously ill and had change her Will to name them as the beneficiaries, do I have recourse?

Get Legal Help Today

 Secured with SHA-256 Encryption

If non-family moved into my late aunt’s home when she was seriously ill and had change her Will to name them as the beneficiaries, do I have recourse?

My aunt has been very ill. The mayor and his wife moved into her home and had her change her Will. She died and they inherited everything. Where do I start with the legal fight?

Asked on January 18, 2017 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As someone who presumably could or would have inherited had the will not been changed, you could file a legal action in chancery court (a part or portion of county court) challenging the will. To succeed, based on what you write, you'd have to be able to convince the court that the mayor and his wife used "undue influence"--a position of power over a sick or dependent person--to make your aunt change her will in a way she would not have done but for the undue influence. (Or alternately, that your aunt was mentally incompetent, whether due to disease or the medication(s) she was then on, at the time she revised the will, since only a mentally competent person can make or change a will.) This can be a difficult thing to prove, so you are strongly advised to consult with a probate attorney about this--you will want legal assistance.


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