Q: Can a person continue to file caveats until all the heirs die out?
Should my lawyer be fighting the caveat since the family member filing has not been seen or a part of our family for 30 years? They are claiming they have proof that my moms will was done under duress which is false. Can they continue to geting the caveat delayed or postpone until all the heirs all die out except for them?
A: Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth fighting about is a product of a number of factors, size of the estate, the facts, etc. Consult with your attorney
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.