One judge described undue influence as a "Svengali like state" in which someone , by manipulation or deception, obtains a bequest by overcoming the testator's free will.
It's quite difficult to win a will contest based on the ground of undue influence. There is almost never direct evidence. We sometimes speak of "badges" of undue influence.
Here are some of them. \
The testator is in a weakened physical or mental condition.
The "influencer" is in a position of "...
You said that your sister died intestate [no will]. However, you used the word "executor." An executor is someone who is appointed by will. The person who settles an intestate estate is called an "administrator." I'm not sure whether your sister had a will or not.
If she died intestate, then I agree with the prior answer. If she had a will, you would have the right to contest the will. Having the right to do it does not mean that you would be successful. Will contests are often uphill...
This is a difficult question to answer without research. The issue is when the spouse's share "vested" in her [when she became entitled to it. Connecticut follows the "rule of early vesting" - that interests in estates and trusts vest at the earliest point of time, considering the language of the document.
The condition is only that a spouse survive the son, not that she survive and not remarry.
This could be argued both ways.
This is an interesting matter. You should discuss it with...
Under Connecticut law, a will must be in writing. and signed at the end by the testator [will maker]. It has to be witnessed by two people who sign as witnesses in the testator's presence.
The courts interpret these statutory requirements strictly. One has to comply with all of them..
Your father should hire a Connecticut lawyer to take care of his will.
There's another aspect to this which you may want to think about. If you own real property outside of your state of residence, there will have to be a separate probate proceeding in the state(s) where the property is located. These "ancillary administrations" can be expensive and time consuming. They can be avoided by transferring the property(ies) to a revocable trust, of which you are the only trustee. You maintain complete control of the assets and avoid out of state probate.
This is not a questions that can be answered without further information. The answer depends to a large extent on the terms of the document creating the trust [trust agreement or will]. You should discuss this with a lawyer who has experience in trust and estate law.
Abuse of seniors is an epidemic. A recent Wall Street Journal article put the annual figure at over $2 Billion. Let's look at what your choices are. The police will not be of initial help because this is, at least at this stage, a civil matter. Your mother's lawyer probably won't be able to speak with you because of the attorney-client privilege. You might want to speak with the people at the Department on Aging. I've found them to be helpful. I wish you and your mother well
No. There is no statutory requirement that a Connecticut will be notarized. The statutory requirements are that the will be signed at the end of the document in front of two witnesses who sign it in the testator's presence [Sec. 45-251, CT General Statutes]
That being said, it is common practice in CT to use a "self proving affidavit". This is a statement by the witnesses under oath in front of a notary or a lawyer [Commissioner of the Superior Court] that the testator had the requisite...
Let's take your question apart and answer it one part at a time.
In order to create a valid trust, there must be, (1) the intention to create a trust and to create a fiduciary relationship; (2) at least one ascertainable beneficiary other than the creator of the trust and (3) a "trust corpus" -- assets subject to the trust relationship. Sometimes this 3d element is satisfied by having the trust named as a beneficiary under a will, life insurance policy or retirement plan.
Once a trust is...
You said that your father in law "recently" passed away. Under CT law, anyone in possession of a will must deliver it to the executor. if the executor has it, he or she must deliver it to the Probate Court within 30 days of the decedent's death. If the will was filed with the Court, you can go there and look at it. Under CT law, executors have 60 days to file a list of asset with the Court, called an "inventory." Accountings are only filed when estates are closed. CT has a statute that...