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Brother Wants To Contest Will

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T

TENNESSEE

Guest
YOUR STATE NAME - tennessee my father knew he was going to die and changed land deed property over to me and my sisters names. He also went to an attorney and had a will drawn up stating any property real or not should be sold. He left my brothers $1000.00 and they want to contest the will saying he was on strong medication. it is true he had to take pain medication but it is also true that he was not happy with my brohters actions for some time. the will was prepared by an attorney and witnesses were present. does my brother have a case and also does the will include land property he changed over before the will?
 


L

loku

Guest
DOES MY BROTHER HAVE A CASE
He has a case, if he can prove to the satisfaction of the court that the medication was such that he did not have a “sound mind” when the will was signed. Basically, that means, did he understand what he was doing. Usually, it takes expert testimony (such as an MD) to convince a court of that. And then the court may or may not believe such evidence.

AND ALSO DOES THE WILL INCLUDE LAND PROPERTY HE CHANGED OVER BEFORE THE WILL?
No, the will does not include such land. But your brother could challenge that if he could prove that you used undue influence on him to get him to transfer it. That is hard to prove.
 

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