can u answer a question about challenging a will?

Question

to make a long story short...a woman, who had 3 kids, at age 75 developed brain cancer and she had no will...after brain surgery one of her kids took over her health and asset management and had a will written by a lawyer in which one of the children was left almost nothing from the estate. The woman passed away 14 months after her brain surgery. 
Are there grounds for the disinherited child to challenge the will either on influence or mental capacity or both?

Michael David Siegel · Answer

It is perfectly legal to disinherit a kid or treat kids unequally.  The short answer is that both grounds, undue influence and lack of capacity, are challenges.  But, they are very fact specific, and the burden of proof is on the challenging party.  You need medical evidence in support.

James L. Arrasmith · Answer

In New York, challenging a will based on undue influence or lack of mental capacity is indeed possible. If a will was created or altered when the decedent had diminished mental capacity due to brain cancer or other conditions, this might be grounds for a challenge. Additionally, if one child exerted undue influence over the parent to benefit at the expense of others, that could also be a basis for contesting the will. The disinherited child would typically need to provide evidence that the decedent lacked the capacity to understand the nature of the will or that there was coercion or manipulation involved in the will's creation. The court will consider evidence like medical records, witness testimony, and the circumstances surrounding the will's execution. It would be advisable for the disinherited child to seek legal counsel to assess the viability of such a challenge and to represent their interests in probate court.

Q: can u answer a question about challenging a will?