If you have reason to believe a last will and testament was forged, and someone in the family turns of age (18),who feels like they were left out, do they have a right to contest?
Thanks.
2006-12-26 16:28:53 · 4 answers · asked by chsgrad2007 2 in Politics & Government ➔ Law & Ethics
Forgery, undue influence, lack of capacity are about the best grounds for challenging a will. The burden will be on you as the challenger to show that the will should not have been probated. You will have to hire at least one expert in handwriting to testify that the decedent's signature was different from the signature on the will. The proponents will likely call their own expert to testify that the decedent signed the will after surgery or in a nursing home or for some other reason did so in a manner to alter his signature. The witnesses, if they are still alive, would be called to testify that they witnessed the decedent as evidenced by their own signatures as witnesses and that they did not stand to benefit from the will. It's an uphill fight and cannot be waged for cheap. It may make sense to buy an hour of time from a probate attorney in the county in which the decedent lived.
2006-12-26 17:01:12 · answer #1 · answered by mattapan26 7 · 0⤊ 0⤋
Truthfully, the answer is no, I have relatives who contested a will as it relates to financial gain, my uncle basically said in this will if you contest you will receive a dollar and they did vs those who didnt who laughed all the way to the bank. Here's my advice to you. if you are going to contest, you better absolutely be able to prove beyond a shadow of a doubt that coercion was involved with the decedent and if you cant than suck it up, because you can be sued for liable slander, defamation of character, undue stress and so on... you better have yourself in the clear because if not your done. Call you local circuit court and ask to speak with someone in the probate division.
2006-12-26 16:38:52 · answer #2 · answered by defenseonly 3 · 1⤊ 0⤋
If you think is was forged . Yes you have a right . May have to come off some money to contest it. If you feel you should have got something more you may not have a case.
2006-12-26 16:36:09 · answer #3 · answered by Fly Boy 4 · 0⤊ 0⤋
you can always contest a will. but will that change the status of the will? probley not. because it is the last will and testament. but if it was forged whoever done that can be in big trouble. but yes you can contest a will.
2006-12-26 16:37:00 · answer #4 · answered by kameo_44 4 · 0⤊ 0⤋