Q: My mother passed away April 10th in Maryland
My mother passed away April 10th, I went to the court and found out that she had a Will. Looking at the Will I noticed that I was not listed at all on the WILL and as being her only child I found that odd. when she became sick she made her friend her POA, she felt she was able to be there for her. She suffered from mental illness, and I feel that she was not in the right frame of mind or forced to make the will this way. Also, I noticed that the witness hand writing and the signature for the Testator looks similar. Is there a way that I can contest the will?
A: Of course you can challenge the Will. It is not an easy process, but if there was undue influence, lack of capacity, or the signature isn't genuine, those are all grounds to caveat the Will. You will have no chance of success without legal counsel, and you will almost surely need to pay counsel, but some lawyers may give a discounted hourly rate in return for a share of the proceeds if you are successful ... provided you have a decent argument.. You must also present your caveat timely, so this is not a good thing to stall before doing.
A: I am very sorry for your loss, and to then have this situation present itself during this time. Consult with an experienced lawyer to review in private the Will, the circumstances under which it was created, and to review the available information on your mother’s mental capacity at the time it was signed. If the caretaker is also one of the primary beneficiaries under the Will, then this must be further explored.
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