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