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Disinherited or Undue Influence

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TexHeir

Junior Member
What is the name of your state? Massachusetts

My father-in-law passed away. He left a biological son and daughter, an older adopted son with the same mother as biological children (ex-wife) and the youngest adopted son from a second marriage (mother is second wife, who is deceased). The youngest adopted son from the second marriage has produced a will from an attorney dated 1998 that leaves everything to him, with great detail of next in line through adopted son's wife and children. A clause is included disinheriting the two biological children, but refers to the biological son with his common name, not legal name (which would be hard for the father to forget, as bio son's legal first name is his father's name - common name used to prevent confusion in the first family) and daughters name. First adopted son is left out of the will totally. This will looks like it was written by the adopted son who inherits everything because 1) youngest adopted son only knows bio son by common name, and 2) youngest adopted son was unaware of the existence of the oldest adopted son until after father's death. To bio son, this seems very suspicious. Does it sound like there's a chance to challenge this will citing undue influence or mistake of fact?
 


Dandy Don

Senior Member
Yes, it does look as if undue influence may have occurred here. You will need to take a copy of the will to a probate attorney to have him/her evaluate it to see how many factors are in your favor (is it signed by 2 witnesses, does the signature look genuine or not, was the man under the influence of medication at the time he signed it, are there previous wills existing, etc.).

What is the value of the estate? Be forewarned that it will cost a few thousand dollars to retain an attorney to contest the will.

DANDY DON IN OKLAHOMA ([email protected])
 

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