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My Mother told me to post this question for her :
About a month ago her sons father passed away beacause of bone ,brain, stomach, liver,and kidney cancer, in the main will she was the exectutor or person it control of all his belongings and estate . About a week before he died he signed everthing over to his girlfriend(making her the executor). In the revised living will its states that the person signing (him) was in full mental health and of aware of what he was doing. He was under hospes care fore a month before that , numorus time his caretaker would walk in and find him doing extremley odd things , atempting to shave with his cell phone and having no clue of his location or his childrens names(the brain caner may have caused this) . We have tons of evedince claming that he was in bad metal health and doctors and nurses to testify agaist his girlfriend and lawyer for an estimated sum of 15-30 million .
Is this case worth that much, and do we have a chance for stating purjury ?

2007-11-13 11:07:24 · 3 answers · asked by xdimmysayzx 2 in Politics & Government Law & Ethics

All this stress alson caused my mother to become depressed along with my brother. He was also hospitalied with problems due to the anxiety

2007-11-13 11:08:25 · update #1

We would be sueing his attny for lieing under oath ?

2007-11-13 11:20:37 · update #2

3 answers

WOW. What does your LAWYER say? Only a complete moron would attempt to challenge the validity of a will worth millions without a LAWYER.

You would be going the wrong direction to sue the lawyer that wrote the will. He will win if he can states that he was in his right mind at the time. You can't prove that he was not. Your statement does not indicate his "odd" behavior was constant. Even if you win, you lose as the lawyer is not getting the inheritance.

You sue to have the will thrown out as invalid. YOU REALLY NEED TO SEE A LAWYER!

2007-11-13 11:20:16 · answer #1 · answered by davidmi711 7 · 0 1

You need to see a lawyer specializing in Will contests. Contact your local bar association. They should have several names. Talk to more than one. Now on to your case.

First, you have a good case to get the current Will revoked. Typical grounds are the guy was under 'undue influence' or he lacked 'the capacity' to make a Will. If he could not remember that he had a child, that shows lack of capacity.

Unless there was some sort of fraud or conspiracy, you have no case against the lawyer or the girlfriend, your only remedy is to have the Will revoked

The value of the case is the value of your step-father's estate.

Generally, everyone has a right to make a Will even if they are of questionable competence. (It would be unfair to them to force them to go to court to prove their competency before they could make a Will). And it is only after their death that the beneficiaries have an opportunity to challenge the Will.

The attestation clause about someone being of sound mind is not a certification of their sanity. Those that acted as witnesses on the Will may actually be helpful to your side. I have seen many case where a witness will describe the signing and provide information about the testator's competency and desires which ends up being helpful to revoking a Will.

2007-11-13 20:05:36 · answer #2 · answered by Frst Grade Rocks! Ω 7 · 1 0

If your mother wants to attack the will, all she can do if she is successful is set it aside & it will be replaced by the earlier will. The case is not "worth" a penny more than the value of his estate after payment of med bills & creditors.

2007-11-13 19:13:10 · answer #3 · answered by Anonymous · 1 0

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