How hard would it be to contest my father’s Will and fight my brother for my part of the estate?

UPDATED: Sep 30, 2022

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How hard would it be to contest my father’s Will and fight my brother for my part of the estate?

My father died 2 days ago. He has living estate with my brother listed as executor. He was diagnosed with terminal brain tumor 4 months ago. My brother and I do not get along. We were caring for him at home. There was abuse by brother physically assaulting me and I had to leave. The Will was changed. Recently. New Link Destination
have certain conditions to which I have to agree to and complete over a 5 year period. One of which I have to agree to my brother imposing random drug tests on me anytime he sees fit. And other stipulations where he is in constant control of my life. I’m 45 years old. I want to contest this Will and what chances do I have of winning and gaining my part of inheritance.

Asked on December 29, 2016 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It doesn't matter if the will is unfair or if it treats a 45-year-old like a child--that has no bearing on whether it is valid.
To successfully contest it, you would need to show one or more of the following:
1) Your father was mentally incompetent at the time he created the will; you'd need medical evidence of this.
2) Your father was coerced by threats of violence or criminal activity to create the will.
3) The will was forged.
4) Your father was tricked as to what was in the will (e.g. shown will 1, agreed with it, but then was handed a different will, with different terms to sign).
5) The will was the product of "undue influence"--basically, your father so under your brother's control  when it was created (e.g. he lived with your brother, your brother was caregiver and controlled his access to the world, etc.) that he would do whatever your brother said.
If you can't show one or more of the above with evidence, the will is valid and enforceable.

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 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.

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