QUESTION

Can a family have rights against an estate of a deceased loved one when they die from cancer having a will made up 6 weeks before they died

Asked on Oct 07th, 2012 on Estate Litigation - Texas
More details to this question:
The beneficuary person in their will came into their life after they had successfully made financial gains for themselves that will continue after death with royalties and more. The immediate family surpported him from the beginning of his efforts to become successful in what he was able to accomplish and become financially profitable at.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You can always challenge a will on the basis of undue influence.  That means that someone exerted such force on your loved one that it subverted their will, that it caused them to change their testamentary intent.  Usually the natural objects of someone's affection are their family members.  If they have left their estate to someone else, that is considered "unnatural" and may be the basis of a challenge.  The other way to challenge a will is to say the person lacked testamentary capacity - meaning they were not cognizant enough to make a will.  Good luck.  If you think this is something you need assistance with, feel free to call my office for a consultation. 
Answered on Oct 07th, 2012 at 9:40 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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