Houston, TX asked in Estate Planning for Tennessee

Q: Can I contest a holographic will written in TN in 1998?

My dad wrote the will 3 days before he died. He was assisted by his step son-in-law, a federal district judge. My sister and I were not mentioned in the will. My dad had told me he had a will 2 years before he died and that he had provided for us in that will.

Related Topics:
1 Lawyer Answer
Christina Norris
Christina Norris
  • Licensed in Tennessee

A: The answer depends on IF and WHEN the 1998 will has been/was admitted to probate. After a will is admitted to common form probate in Tennessee and notice is given to the heirs at law, a challenge may be brought within two years. When a willl is challenged based on claims of undue influence and lack of cmental capacity, a court can consider a number of "suspicious factors" including, for example: (1) your father's age; (2) your father's poor health; (3) any facts tending to proof the will was actively procured by another who benefited; (4) the fact that the terms of the will differed from your father's prior stated intentions. Claims of undue influence and lack of mental capacity are difficult to prove, even when they are timely brought, and are highly fact-dependent. If the 1998 will was admitted to common form probate within the last 2 years,then, yes, it could be challenged.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.