The Notary of the will is also the financial consultant to the church

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The Notary of the will is also the financial consultant to the church

My gir friend’s brother passed away, his will left everything to a church and nothing to his 2 sisters, there was no animosity between them at all, But the Notary that notarized the Will is also the financial consultant and long term member of the church, I have known them for over 45 years and I know for sure he would not have given everything he owns to the church and leave his sisters out of the Will.

Asked on September 15, 2017 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for their loss. If you believe that there was undue influence in the execution of a Last WIll and Testament then you must challenge the Probate of the Will in Probate Court.  The sisters must file objections and then it is their burden to prove the undue influence which is not an easy task.  They will need the help on a very good lawyer and it can get very expensive.  Was her brother of sound mind?  When was the Will executed?  During an illness or close to death?  The details mean a lot in this type of case.  Have the sisters meet with a lawyer in a consultation basis.  Good luck.


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