My father passed away. In August, 2016, he made a will leaving only my brother as beneficiary. Do I have a case to contest.
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My father passed away. In August, 2016, he made a will leaving only my brother as beneficiary. Do I have a case to contest.
My father died in March, 2017. His will was made out in August, 2016. In
October, 2016, he fell and was diagnosed with moderate dementia and placed in
nursing home. He deteriorated and passed away. My brother has split his assets,
such as life insurance and bonds we found. My brother is a hoarded and is using
my fathers home as storage for his junk. I would like to clean the mess up and
sell the home. Do I have a case to contest the will.
Asked on December 3, 2016 under Estate Planning, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Sorry to hear about your father.
You have grounds to contest your father's Will based on undue influence on the part of your brother in which he is the sole beneficiary. You also have grounds to contest the Will based on testamentary capacity (mental capacity) since your father was diagnosed with dementia not long after the Will was drafted.
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