What is the criteria for contesting a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the criteria for contesting a Will?

My mother has dementia. She re-did her Will 1 1/2 years ago when she was in the early stages of the disease but was still living part-time by her self.  My sisters are now trying to contest the Will.

Asked on September 3, 2010 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can not contest a Will until a person is dead and the Will has been offered for probate.  From the way that you have written the question it appears that your Mother is not yet deceased.  Are they trying to set the Will aside while she is alive?  What you are going to have to do is to speak with the doctor whose care she was under at the time and ask for his opinion as to whether ir not she was of "sound mind" at the time of the making of the Will.  Being of sound mind is a judgement call based on a few different factors but generally "knowing the object of your bounty" is how the cases in many states have been decided.  A person in the early stages of dementia can certainly still be of sound mind.   You also have to make sure that she was not "unduly influenced" by anyone given her condition.  Seek legal help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption