San Carlos, CA asked in Estate Planning and Probate for Indiana

Q: One of my parent's will was rewritten in the last couple of years and heavily favors the executor and their family.

Although I don't know exactly what the revisions were, the children are not receiving most of the benefits of the will. There is some question as to the one parent's mental state, who was declining and possibly there was undue influence.

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1 Lawyer Answer
Michael Ray Smith
Michael Ray Smith
  • Estate Planning Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: Your suspicions may be well founded, but I don't think anyone can give you satisfactory answers to your questions in this forum. You should hire an attorney who handles estate planning and probate matters, lay out everything you know, and get the lawyer's advice on your chances of success if you challenge the validity of the will. Whether money well is spent on legal fees depends, in part, on how much the estate is worth and what your share might be. It makes no sense to spend, say, $20,000 in legal fees if the most you stand to inherit is $10,000. There may also be other, non-financial considerations to consider, such as the possibility of damaging family relationships in a will contest.

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