Omaha, NE asked in Estate Planning for Nebraska

Q: My father while in hospice created a new will the day before he died cutting me out of his estate. Can I do anything?

He had a will in September 2019 with a lawyer's assistance. Notarized etc. The executor said he would like to meet with my siblings and I to see if we can reach an agreement. I have a feeling they will not. I would like to be ready to do what I need to do to contest the final will. I have no idea when he started on morphine while in hospice but I do know he was on it for sure the last day.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: You can hire a will contest attorney to challege the will on the basis of lack of capacity and possibly also undue influence. Be prepared for the attorney to counsel you that reaching a settlement with your siblings will be cheaper and and easier than a will contest.

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.