Reason to contest will

[JLPayne16]

What is the name of your state (only U.S. law)? Tennessee
My father passed in 2009. In early 2012 I finally got my mom to rewrite her will. So she had a legal will made. she has left everything to me. She made me POA of her finances and medical needs. She also made me executor of her estate. in 2012 she told her dr that she was having problems with her memory. She was tested in 2013 and found to have early dementia. This year, 2016, she was deemed incompetent. My sister (only other child) told my mother in 2010 to never call her again. Well my sister just passed away. My question is since my mother left my sister out of the will would my nephews have a case to contest the will? I was told only children can contest the will.

 

[adjusterjack]

My question is since my mother left my sister out of the will would my nephews have a case to contest the will?

I seriously doubt that they would have a winnable case but there is no law that prohibits them from trying.

What you have to understand about litigation in our wonderful country is that anybody can sue anybody for anything.

That may seem facetious but no law prohibits anybody from filing a lawsuit or petitioning a court for redress if they believe they have been wronged.

However, the law does give people a variety of defenses and even exacts penalties from people who file frivolous lawsuits or abuse the legal process. Unfortunately, that gives a defendant (or respondent) the burden of going through the hassle of defending and seeking redress against the plaintiff or petitioner.

I suggest you get a head start on learning all you can about the TN Probate Code and probate procedures. The more you educate yourself the less likely will be the need to spend big money on an attorney.

Start with the following statutes:

http://law.justia.com/codes/tennessee/2015/title-32/

http://law.justia.com/codes/tennessee/2015/title-30/

Then check out the following probate guide. It's written for the clerks of the probate court but if you know what they know, then you are ahead of the game.

http://www.tncourts.gov/sites/default/files/docs/probate_manual_final.pdf

Finally, your local probate court may have its own set of rules that look like this one:

http://www.tncourts.gov/sites/default/files/docs/30th_judicial_district_-_probate_rules_1-1-2011.pdf

And your local court should have form packets with instructions. If your court doesn't, other counties might and you can just modify the forms for your own county.

 

[Dandy Don]

Did you ask your mother to make you the only beneficiary or did she make that decision on her own?

Is there any language in the will that specifically disinherits your sister (or that disinherits anyone else) and is there also a reason given for being disinherited?

You were told by who that "only children can contest the will"--was that person an attorney? If not then that statement may not be very reliable.

You need to take the will to a Tennessee probate attorney so that he/she can review it and can also answer your question about whether it is vulnerable to being contested. Many attorneys read this message board, but do not assume that attorneys from all 50 states will be reading your posting. A Tennessee attorney is not likely to be reading this message board.