undue influence after the will is written

What is the name of your state (only U.S. law)? Massachusetts

Is there any statute or case law regarding undue influence of an heir on the deceased, AFTER a will was written, which prevented the deceased from changing the will?

It would be easier for you to explain the details of your particular situation so we can see if there is a precedent or similar situation in case law.

ok, I will thanks.

I know my brother used undue influence on my mother for many years before and after the will, but I know that it is hard to prove. She was mentally ill, but could function, and he
is a con.

My brother had my mother change her will in 1999, taking out my son whom she had left
$25,000 for his education, because she was very close to him. Five years later my son moved in with my mother and helped take care of her. My brother resented this, because
he would not live with my mother, and it showed him up. My mother adored my son; was very happy he was there, for the next 2 1/2 years, and if she were not influenced by my brother who controlled her to the max, I know my mother would have changed her will, and that should be much easier to prove, but I don't know if there is case law in regards to this.

mau99 said:

ok, I will thanks.

I know my brother used undue influence on my mother for many years before and after the will, but I know that it is hard to prove. She was mentally ill, but could function, and he
is a con.

My brother had my mother change her will in 1999, taking out my son whom she had left
$25,000 for his education, because she was very close to him. Five years later my son moved in with my mother and helped take care of her. My brother resented this, because
he would not live with my mother, and it showed him up. My mother adored my son; was very happy he was there, for the next 2 1/2 years, and if she were not influenced by my brother who controlled her to the max, I know my mother would have changed her will, and that should be much easier to prove, but I don't know if there is case law in regards to this.

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You will have no case based on this.

case law for undue influence to not change a will after it is made

Zigner said:

You will have no case based on this.

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Could you elaborate? If you are saying that you think my knowing she would have changed the will , is basis for my claim, I don't know where you got that from. There are many details that are left out because there is way too much to include here.

My question is- Is there any case law concerning undue influence after a
will is made. It only makes sense that if a will is made at the heir's urging, and
influence - after the will is made and circumstances change, like due to my mother's
lack of good care, she was reduced to almost to a vegetable; someone else enters the
picture trying to stop what was being done to my mother. My mother was kept
in a state of mind so she couldn't function, by my brother, and legally she
couldn't have had a new will drawn up. She actually died because she stopped
eating and drinking, but was not provided medical care by my brother who
had her locked up in his house for control. Instead of bringing her to a doctor,
he waited until he thought she died, and then called 911 to have her pronounced,
but when the EMT workers came, she was alive, and later died on the way to the
hospital.

mau99 said:

Could you elaborate? If you are saying that you think my knowing she would have changed the will , is basis for my claim, I don't know where you got that from. There are many details that are left out because there is way too much to include here.

My question is- Is there any case law concerning undue influence after a
will is made. It only makes sense that if a will is made at the heir's urging, and
influence - after the will is made and circumstances change, like due to my mother's
lack of good care, she was reduced to almost to a vegetable; someone else enters the
picture trying to stop what was being done to my mother. My mother was kept
in a state of mind so she couldn't function, by my brother, and legally she
couldn't have had a new will drawn up. She actually died because she stopped
eating and drinking, but was not provided medical care by my brother who
had her locked up in his house for control. Instead of bringing her to a doctor,
he waited until he thought she died, and then called 911 to have her pronounced,
but when the EMT workers came, she was alive, and later died on the way to the
hospital.

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You have no case.

You will not be able to convince a jury that what YOU think your mother would have done but she didn't do.

If she wanted to change her will, she had opportunity.

Sorry.

mau99 said:

...
My question is- Is there any case law concerning undue influence after a
will is made.
...

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No; that's a contradiction in terms.

You have no case.

mau99 said:

Could you elaborate? If you are saying that you think my knowing she would have changed the will , is basis for my claim, I don't know where you got that from.

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Oh, I don't know...perhaps it was from this:

mau99 said:

I know my mother would have changed her will, and that should be much easier to prove,

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Your mother did NOT change her will. She might have wanted to...hell, she might even have dictated a new will to an attorney in front of 25 fully competent witnesses and then have had a heart attack and died right before she was going to sign. The old will would be the valid will.

mau99 said:

...legally she
couldn't have had a new will drawn up.

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And, as a final point - if your above statement is true (that she was legally incompetent), then the old will would be the valid will based on this too.

seniorjudge said:

No; that's a contradiction in terms.

You have no case.

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So once a will is written, if the person's health deteriorates affecting her mind,
as a result of the "care" she is getting from the heir (who also spent a few hundred
thousand of her money, during these years, and is claiming that she never had any money)
--for the remaining years of her life she cannot change the will, because the heir
keeps her out of sound mind.

. And once a will is made, it doesn't matter that the heir uses undue influence to make
sure that she never changes the will, even though she made statements saying that
she regretted doing what she did, to which she got sarcastic replies, telling her how stupid she was.

So all the cons of this world seem to have it made, because there doesn't seem to be a law protecting people from what happened to my mother.

mau99 said:

So once a will is written, if the person's health deteriorates affecting her mind,
as a result of the "care" she is getting from the heir (who also spent a few hundred
thousand of her money, during these years, and is claiming that she never had any money)
--for the remaining years of her life she cannot change the will, because the heir
keeps her out of sound mind.

. And once a will is made, it doesn't matter that the heir uses undue influence to make
sure that she never changes the will, even though she made statements saying that
she regretted doing what she did, to which she got sarcastic replies, telling her how stupid she was.

So all the cons of this world seem to have it made, because there doesn't seem to be a law protecting people from what happened to my mother.

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Hold up there.

You are correct, to a point.

First, only a person reasonably judged to be sane and in control of their mental faculties will be able to draft a will.

Remember that part of a will that starts, "I, state your name, being of sound mind and body...".

This is to prevent the OPPOSITE of what you want... where a proper will is drawn up and then an unscrupulous person makes a person no longer in charge of their mental faculties draft a new will in direct opposition to that person's true, sane wishes.

You are saying that your mother really really wanted your son to have some cash. There is no evidence of this. Further, you are angry because you won't be able to change it after the fact.

It doesn't work like that.

Wills aren't resolved with what the person "wants", but what was written.

cyjeff said:

Hold up there.

You are correct, to a point.

First, only a person reasonably judged to be sane and in control of their mental faculties will be able to draft a will.

Remember that part of a will that starts, "I, state your name, being of sound mind and body...".

This is to prevent the OPPOSITE of what you want... where a proper will is drawn up and then an unscrupulous person makes a person no longer in charge of their mental faculties draft a new will in direct opposition to that person's true, sane wishes.

You are saying that your mother really really wanted your son to have some cash. There is no evidence of this. Further, you are angry because you won't be able to change it after the fact.It doesn't work like that. I AM ANGRY BECAUSE A
CRIMINAL CONNED MY MOTHER, STOLE HER MONEY. AND THEN CAUSED HER DEATH AND IS BENEFITTING FROM IT. I AM SPENDING MUCH MORE MONEY THAN I WOULD EVER
GET TO TRY TO EXPOSE THE TRUTH-WHICH IS WHAT I AM MOST CONCERNED WITH.Wills aren't resolved with what the person "wants", but what was written.

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Obviously, I cannot get into all the details of this, so I am talking about the law, period.
But can't seem to get an answer ABOUT THE LAW at all- I can only get people interjecting judgements about me that are totally false, which I find is quite prevalent on this site- insulting people by guessing at the motivation. From the little that I said, you came to the conclusion that there "is no evidence of that". You have no idea what evidence there is. But thank you anyways!

I don't know why this is hard to understand.

To put this as plainly and as bluntly as I can, a will CANNOT be changed after the person has died.

Period. End of story. No more trying.

A will can be contested, but the fact that you don't like what is in the will really isn't a valid reason.

cyjeff said:

I don't know why this is hard to understand.

To put this as plainly and as bluntly as I can, a will CANNOT be changed after the person has died.
To put this as plainly and bluntly as I can
Period. End of story. No more trying.

A will can be contested, but the fact that you don't like what is in the will really isn't a valid reason.

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Obviously I don't want an opinion from someone who pretends they have knowledge that they don' have. You never even came close to answering my legal question; you don't know the answer, so you say a bunch of garbage.
You shouldn't be on here giving out bogus info.


The problem with this site is that people like you who come on here acting so arrogant, obviously because no one listens to you in your life. Not only do you give bogus replies based on facts that you create in your mind, but you are arrogant with the bogus information you give out. You do not know all the facts of the case, yet you like to pretend you have so much wisdom, and you call the shots, because you can't in your own life.. The will is being contested for many good reasons, and none of them include
the reason you keep giving. NOW THIS IS THE END OF THE STORY! GET A LIFE!

mau99 said:

Obviously I don't want an opinion from someone who pretends they have knowledge that they don' have. You never even came close to answering my legal question; you don't know the answer, so you say a bunch of garbage.
You shouldn't be on here giving out bogus info.


The problem with this site is that people like you who come on here acting so arrogant, obviously because no one listens to you in your life. Not only do you give bogus replies based on facts that you create in your mind, but you are arrogant with the bogus information you give out. You do not know all the facts of the case, yet you like to pretend you have so much wisdom, and you call the shots, because you can't in your own life.. The will is being contested for many good reasons, and none of them include
the reason you keep giving. NOW THIS IS THE END OF THE STORY! GET A LIFE!

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Wow.

Have you ever considered decaf?

Just because you can't get what you want doesn't mean everyone else is wrong.

The law is clear... you lose.

But, I tell you what... get an attorney... pay a HUGE retainer to contest... make sure it is at least 10K...

Try to convince a judge that YOU know what mommy was REALLY thinking even though she didn't put it in the will. Make sure you also tell the judge that your real motivation isn't so that your son can get some cash out of the estate.

That it is the PRINCIPLE of the thing.

I have actually tried to be nice... but no more. I think you are a grave robber and are trying to dig your way into your mother's estate... an estate that she had ample time and opportunity to award to you and/or your son if she wished.

You lose. And I couldn't be happier.