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Financial Planning / Inheritance Strategies


Subject:  Re: Aunt changed the will, now what? . Date:  7/10/2001  11:31 AM
Author:  uglierthenme Number:  3126 of 5798

Don't know the law. Now having said that let me tell you this. Recently we checked into contesting a will the following is the information we received from an attornery. Speaking in very general terms there on two grounds to contest a will. One is undue influnce. Was this person effected by others to the point that they took or failed to take actions that he/she would normally would have under there own free will. The other one is to call into question the deceased's competance. On both points one would need expert testimony as to their competance/judgement; such as a doctor or health care professional. In both cases your experts would most likely be challenged. Depending on the time,expense, and degree to which are willing to alienate yourself from some of your family I would suggest the following. Ask a attornery about a out of court settlement in lieu of any court action. If your aunt sees an inpending lawsuit as a threat, she may be agreeable to make a compromise. If not you can then decide with legal counsel if you want to pursue this course. One point for anyone to consider when considering a challenge to a will is ; What if you succeed ? What then ? Will a previous will then be considered valid or will the state then decide on the division ? You will be able to obtain legal advise on this but in many ways YOU will have to decide how much of your life you want to devote to this. I wish you well.
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