QUESTION
How can I contest my sisters will who left all her personal property to the lady who was taking care of her?
Asked on Jan 07th, 2013 on Estate Planning - Michigan
More details to this question:
I am the beneficiary on my sister life insurance and the truck. But I was sent a copy of her will and it leaves all her personal property to a lady who was taking care of her. I have sent her money over the past five months and paid for her cremation and I still have to pay for opening my parent’s grave and mark it. I will have to pay taxes on the personal property but still hand it all over to the lady in the will. My sister lived in Arkansas and I live in Michigan.
3 ANSWERS
If your sister was competent to make the will, you will probably not be able to challenge it.But your sister's estate should be responsible to pay for the funeral and related expenses. If you consider the money you sent to your sister as a loan, you can make a claim against the estate. Any taxes should be paid by the estate unless the will states otherwise.
Answered on Jan 11th, 2013 at 12:31 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not believe there will be taxes on the personal property. If there are, then they would be paid by the estate. The grounds for contesting a Will are generally: 1) lack of proper execution, (such as failure to sign the Will, lack of witnesses, etc); 2) lack of capacity, (she did not understand what she was doing because she was incompetent); and 3) undue influence, (she had a gun to her heard, etc).
Answered on Jan 11th, 2013 at 12:26 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, her estate should be paying for many of the expenses which you listed. It might be possible to contest the will due to undue influence as well.
Answered on Jan 11th, 2013 at 12:21 AM