Would like to contest my grandfather’s will. He remove all brothers and kept my sister has lone heir.

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Would like to contest my grandfather’s will. He remove all brothers and kept my sister has lone heir.

Sister had undue influence since he lived with her for his last 4 years. Has had alzheimers for at least 6 years. Sister told grandfather that no one else cared for him since we did not go and see him. This was because of ill feelings between sister and all her brothers. She als said she paid herself over $140K for taking care of him. Do we have a case we can win?

Asked on May 16, 2009 under Estate Planning, Indiana

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is going to be a long and highly contested and expensive case if your sister is going to fight you.  You need to speak to a probate lawyer that litigates.  Was the new will properly executed?  who witnessed it? what is their relationship to your sister?  did she promise them anything for saying your grandfather was of sound mind and body... what was your grandfather's condition at the time he executed - i.e. did he know what his possessions were and what he was doing?  you will need a doctor's testimony to establish how far along he was in alzheimers and so forth and if it was likely that he knew what he was doing.  I suggest acting on this soon so you can get the money your sister took to be places on a hold or prevent her from gifting it to someone to hold/spending the money....


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