QUESTION
What about challenging a will in a different state?
Asked on Nov 06th, 2013 on Wills and Probate - Alaska
More details to this question:
My mother died 7/24/13 and her and my dad have had the same will for the past 25-30 years dividing property equally between my brother and me. My dad went to Anchorage to live with my brother after my mom's service and I asked for a copy of their will. My brother is an attorney and works for the AG office and said it was just changed 11/1/13. It leaves everything to him. My dad is 84 and on 10/4 went unconscious with insufficient blood supply to his brain. He recovered but is not in good mental capacity. I would not have known anything about the change of will had I not asked. I think there is deceit and undue influence. I have numerous people who would verify what my mom's wishes were because she spoke about it a lot before her death. My mom and dad's other will was from Washington where they lived and where all the property is. We are talking about a substantial amount of property. I don't have the money to fight him and wonder what can be done if anything.
1 ANSWER
3 Awards
First i don't know WA or AK law, so follow up with a local attorney. My thoughts are if you wish to have the will challenged, you probably need a doctor to opine that at the time it was signed by dad he was incompetent. For example, on medication, had alzheimers, etc. In my state you would definately need that to prove he was incompetent at the time. Proving undue influence would require witnesses to say your brother misled, bullied, corerced, or manipulated your dad into signing. Unless you have credible witnesses to support that, it would be difficult. I would consult with a lawyer where you live or in AK to advise further.
Answered on Nov 07th, 2013 at 9:01 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900