Can I file a Caveat to block a Probate in VT?

Asked almost 4 years ago - Wilmington, VT

A change of Executress was changed under duress. The deceadent had lost his mental clarity due to liver toxins affeciting his abilty to think clearly. The change of Executress was done while he was hospitalized with no attorney present.

Attorney answers (2)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . You can not bring this action on your own and hope to be successful. You need to retain estate/probate counsel to do this correctly and maximize your chances of success. It sounds like your position has merit but get counsel to assist you.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks.
    LEGAL DISCLAIMER
    Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below.
    Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

  2. Barrett R King

    Contributor Level 8

    Answered . Of course you can file a Caveat in this case to determine the validity of the Will. You should, however, seek counsel in doing so. Proving duress, incapacity, or undue influence is a complex and very challenging procedure.

    Disclaimer: This answer does not create an attorney-client relationship, it does not constitute legal advice, and it should not be relied upon as such. Laws vary from state to state, and an attorney cannot fully evaluate your situation without a comprehensive consultation and review of all facts and information readily available.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,332 answers this week

3,120 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,332 answers this week

3,120 attorneys answering