Q: My father passed away last year and my stepmother just passed away. If she changed her will can I contest it?
I have her previous will that left all her estate to me. Additionally she was suffering from mild dementia and was on a lot of medications from a stroke 10 years previous. One of her caregivers had power of attorney. The estate was very large and all my families furniture, pictures, and collectibles are locked up in the house.
A: You can contest it but you may find it very, very difficult to prove either undue influence or lack of legal capacity and very, very expensive to try to do so. You may also find that the Will has a "no contest" clause which leaves you with nothing if you contest.
1 user found this answer helpful
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.