QUESTION

What can I do if I think my dad's ex fraudulently got in his will right before he died?

Asked on Aug 06th, 2012 on Estate Planning - Florida
More details to this question:
For 17 years dad and step mom had a post nup. 9 months before he passed he put her in the will and trust. She is now getting 1/3. His health was not good and seems very weird that 17 years post nup in place, he would suddenly do that. Two years before death he amended his will to exclude an heir that stole from him. He said in that amended will that this does not change in anyway the post nup. A year later he says in the new will she is now a trustee and personal rep of estate and trust. She was getting $750k or so, now it seems she is going to get $10 mil. He passed 9 months after these changes were made. Seems to coincidental to me. Is this legal? Is there a provision that x amount of time must pass? I need help. She is also trying to now take the house my parents built and that She " never liked" anyway. As well as other nominal $$$ allowed by such. We are in Florida.
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2 ANSWERS

Real Property Attorney serving Fernandina Beach, FL at Poole & Poole, P.A.
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Depends on whether you can prove the fraud or undue influence.
Answered on Aug 23rd, 2012 at 10:18 AM

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Real Estate Attorney serving New Port Richey, FL at Jay W. Moreland, P.A.
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You would have the right to challenge the will in court, if you would stand to get something if the will was not upheld. You have a high burden of proof to challenge a will. You must show that your father executed the will while under duress, undue influence or that he was mentally incapable of understanding the extent of his property and know the likely people who would inherit his estate. The law generally will uphold a will that was properly executed. A will can be changed over and over up to the time of death as long as the will is executed properly and the testator (person who signed the will) was legally capable of executing a valid will.
Answered on Aug 23rd, 2012 at 10:18 AM

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