Mom passed, considering challenging will

[JamesWood]

Mom passed away last Sept. I am the only child, however, she opted to leave a size-able chunk of her estate to a couple that she took a liking too. These people were an interference in the relationship with myself and Mom for ~20yrs. I'm not suggesting that they are bad people, however, something doesn't seem right here as they are receiving double my share.

I am aware that she was going through health issues when she wrote that will, and I wonder if she truly understood what she was doing at the time - or, if these two played a factor in her writing it this way?

In addition, does the executrix automatically become entitled to any portion of the estate? Asking because this fellow's wife is the executrix, too..

Looking forward to the feedback...

James

[AFFA]

I wish to inform you that executor has to perform duty as per will. Executrix does not herself become entitled to share in property unless it has been stated in Will. You can challenge Will on the ground that your mother medical condition was such that she could not understand her actions. You may also argue undue influence which may been used by the couple.

AFF

[StorageGuy]

Originally Posted by AFFA I wish to inform you that executor has to perform duty as per will. Executrix does not herself become entitled to share in property unless it has been stated in Will. You can challenge Will on the ground that your mother medical condition was such that she could not understand her actions. You may also argue undue influence which may been used by the couple. AFF

Everything AFFA says here is true, but not necessarily practical. It sounds as though the relationship between you and your mom was strained. It is difficult to win a case alleging a lack of capacity when a will is created. In addition, it is even more difficult to prevail with the "undue influencer" argument. Your mom had more than just a liking for this couple, they sounded like they were her friends for 20 plus years.

Hey, you can contest the will and their undue influence in court, but expect to start with a $5,000 retainer and to invest about $50,000 in the case with absolutely no guarantee that you will prevail.

If your mom considered them friends for over twenty years, it is possible that she felt grateful too them and wanted to give them a gift. Perhaps a token of all the good times, their loyalty and consistent help, even during her most trying times.

Lastly, mom didn't write you totally out of the will. She merely gave a larger share to her close and trusted friends, after all, they were appointed as executors. Perhaps you should honor your mothers decision, put a smile on your face and thank them for their enhancement of your mothers life. Just something to think about......

[LegalMan]

The posters both make valid points and are correct but I would recommend speaking with an attorney who specializes in these matters to know all your options. Feel free to contact me if you feel my service could be of some help.

Good luck and God bless.

[JamesWood]

Thanks for the feedback folks. After giving it some deeper thought I decided to leave things as they are, and thus, avoid litigation. As much as I may not like the way Mom left her estate, I don't need the added stress brought on by an extensive court battle.