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we were presented a will we believe may be a fraud, The executors lawyer wrote a will that basically excludes my wife of any share of the family's home. We don't believe that the owner knew exactly what she was signing. The wording in the will uses the word requests instead of mandates and we don't believe she would have signed this because she was for the most part blind. We feel the will probably wasn't explained to her and she was just instructed to sign here. We don't know if we have a leg to stand on or a chance at contesting what we believe to be a fraud of a will. I am the daughters husband who is trying to find out what can practically be done to make the distribution more equitable for my wife.
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First you should go to the probate clerk in the county in which the person died. Find out if the will has been admitted to probate. If it has, you will have to file a complaint to challenge lack of testamentary capacity. If the will has not been admitted to probate, file a caveat with the probate clerk. This will prevent the will from being admitted. You will have to hire a lawyer to help you challenge the will and you will need medical evidence that she was not able to understand or read the will.
Answered on Oct 13th, 2017 at 6:00 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship