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Last will and testament ?


elderly man 96 years old , leaves 5 houses to caretaker and 2 daughters 1/3 of property for each , reading of supposed will read by caretaker day of burial, the will was made less then 3 weeks before he died, the daughters are getting a lawyer the neighbors of the old man say the caretaker left the old man alone alot, had him drugged all the time do the daughter have a chance of putting this lady in jail for taking advantage of thi s old man. this man would pay lawyers to evict people from his homes why would he not pay a lawyer to make his will he always did things the legal way why not his will somthing fishy?????

my brother in laws mother was married to this man when he would want to visit with his stepfather he and other family members would have to call the caretaker at her home so she could come and unlock the doors to let them in as with the daughter, this caretaker was also careing for my brother in laws mothe who also passed away 3 years ago she fired the lady she new the caretaker was evesdropping on her when the ladys daughters were visiting and would go tell the elderly man,the daughters would visit but i think his caretaker was trying to keep him from having a relationship with all his family, the man had money coming in from rental properties the caretaker told the daughters there was little money, and from other sources, i know for a fact after his wife died this lady popped right back in the picture from what we here she sent all the money to mexico

It looks like there might be grounds for a will contest. You must have grounds to have a chance of successfully contesting a will. Unhappiness with the proposed distribution of property is not a valid ground. Valid grounds depend on state law. Incapacity, fraud, undue influence and duress are the most common grounds.

The caretaker was in a confidential relationship with the decedent, and he was of advanced years. It could be possible to allege and possibly prove undue influence.

The contestant of a will offered for probate has the burden of proving that the will is invalid. There is a presumption that a duly executed will is valid and the contestant has the burden of overcoming this presumption. If a will has been admitted to probate, an appeal of the order can usually be taken within one year from the date of the order; however, the court can reduce the appeal period to three months if a party in interest asks the court to do so.

I do not think there is enough to have a criminal case, but if I were one of the daughters, I would pay a good attorney a retainer to file a will contest.

You mean the daughters don't have first hand knowledge of how often dad was left alone? Where were they? Did they never contact dear old dad? Yes it does sound fishy and they do have the right to contest the will. They will probably win too.

You know what is so sad about this is where were the children doing the time of his supposedly had him drugged and left him alone.Was it interfering with their lives? I do not think they deserve one thing from him.As for the caretaker if he did what the neighbors said he should be accountable to the law and get nothing but jail time. But between the two I hold the children the most responsible and if they receive one penny of his estate I hope it brings them nothing but misery.Great question!!!

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