QUESTION
Brother died 2 years ago and Father was still alive. A will could not be found so Father claimed Estate. Brothers old Girlfriend came forward with
Asked on Jan 15th, 2012 on Trusts and Estates - New Jersey
More details to this question:
copy of old will and the case is scheduled to go to Judge in March.
Father just died 12/24/2011. and my daughter just filed his will naming her executrix. When Brother died family went to help Father but shortly after his death Daughter broke off all contact with family and Father locked everyone out of house except Daughter. It was at this time Father wrote a new will
.Over the past 2 years Family tried to contact both Father and Daughter but they would not respond. January 11,2012 we received notice from daughters Lawyer that my Father died and was buried. and they had filed his will . Tried to contact her but she will not respond.
We believe daughter had undue influence on my father during the time he was grieving over the death of his youngest son.
1 ANSWER
2 Awards
It sounds like you have enough information to bring a claim for undue influence. Its a two part claim: first you have to prove that the person had a "confidential relationship" with the decedent, and second that there were suspicious circumstances. Locking everyone out of the house is certainly suspicious, and so is waiting until after he was buried to notify you of his death. If there are enough facts in dispute, the court will allow attorneys fees to be granted from the estate for all attorneys involved. Are you represented in the case? If you are not, you should retain an attorney to bring the claims to the court's attention.
Answered on Jan 30th, 2012 at 12:27 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship