If non-family moved into my late aunt’s home when she was seriously ill and had change her Will to name them as the beneficiaries, do I have recourse?
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If non-family moved into my late aunt’s home when she was seriously ill and had change her Will to name them as the beneficiaries, do I have recourse?
My aunt has been very ill. The mayor and his wife moved into her home and had her change her Will. She died and they inherited everything. Where do I start with the legal fight?
Asked on January 18, 2017 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As someone who presumably could or would have inherited had the will not been changed, you could file a legal action in chancery court (a part or portion of county court) challenging the will. To succeed, based on what you write, you'd have to be able to convince the court that the mayor and his wife used "undue influence"--a position of power over a sick or dependent person--to make your aunt change her will in a way she would not have done but for the undue influence. (Or alternately, that your aunt was mentally incompetent, whether due to disease or the medication(s) she was then on, at the time she revised the will, since only a mentally competent person can make or change a will.) This can be a difficult thing to prove, so you are strongly advised to consult with a probate attorney about this--you will want legal assistance.
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