QUESTION
Is a previous will legal if there may be undue influence on the new will?
Asked on Feb 01st, 2014 on Estate Planning - Nebraska
More details to this question:
Whether there was undue influence in having it executed and/or whether decedent had sufficient capacity to know what my father was doing when the new will favors the stepsister who had power of atty. At time of new will also previous history of stepsister removed from POA for trying to put father in nursing home as documented video tape conversations between father and blood son. Father eventfully died in nursing home against his will. Original will gave even split between son and daughters. New will gives stepsister over 40 percents.
12 ANSWERS
Sounds like you should hire a good wills and estates lawyer and challenge everything based on undue influence.
Answered on Mar 24th, 2014 at 11:56 AM
Edwin K. Niles
Yes, if your will contest is successful.
Answered on Feb 05th, 2014 at 8:40 PM
If a newer will is found to be invalid due to undue influence then the court will look to the previous will as the valid will to be probated.
Answered on Feb 05th, 2014 at 8:40 PM
Thomas Edward Gates
You need to prove in court that there was undue influence or that he lacked mental capacity to declare a new will, before the previous will will become valid.
Answered on Feb 05th, 2014 at 8:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate litigation lawyer, to file petition for probate naming you administrator, as there are going to be hearings regarding the mental ability of your father as the time of the execution of the new will, before it can be determined whether the old will can be probated.
Answered on Feb 05th, 2014 at 3:15 PM
2 Awards
The old will would likely control if the new will is found to be invalid. Speak with an estate litigation attorney.
Answered on Feb 05th, 2014 at 3:14 PM
You need to find an attorney that handles will contest cases. You can contact your local bar association for a list of attorneys.
Answered on Feb 05th, 2014 at 3:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is not something that would automatically occur. It is one possible result, but it would only be determined by a judge who would need to find that, in the event the most recent Will is overturned, your father would intend for the older Will to be "revived." These are very difficult cases and you will almost certainly need very skilled help from a litigation attorney to have a reasonable chance of prevailing.
Answered on Feb 05th, 2014 at 3:08 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You have the right to probate the first will if the other has not been brought to the probate court. If the other will has been brought to the probate court, you must file to probate the first will and to contest the new will. Time limits are very short so you need to get to an attorney as soon as possible.
Answered on Feb 05th, 2014 at 2:50 PM
3 Awards
A will contest may be filed. They are expensive and time consuming. You will need to retain expert witnesses if you choose to pursue this. I suggest you speak with an experienced estate litigation attorney where the decedent died to explore options and associated costs. Best of luck to you.
Answered on Feb 05th, 2014 at 2:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you can prove the present will was obtained through undue influence, then it would be thrown out and the last will would go into effect.
Answered on Feb 04th, 2014 at 4:32 PM
Yes, in most cases the court will accept the previous will when the newer will is determined to have been drafted because of undue influence.
Answered on Feb 04th, 2014 at 4:32 PM