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Do I have grounds to contest a Will?

Reisterstown, MD |

I am an adopted daughter. My deceased father's Will states that adopted children and biological children are to be treated the same. I was left $100, and his two biological children were each left $2000; which is a mere pittance with respect to the size of the estate.

Our father had Parkinson's disease and several years before his death he tried to commit suicide more than once. His last attempt to kill himself resulted in his being hospitalized. I believe that this speaks to his state of mind; which deteriorated further as a result of the later onset Parkinson's disease and the medication that he was prescribed.

My siblings and I have a step-mother who did everything that she could to alienate him from us and to keep things secret from us. For instance, we learned about his suicide attempt and hospitalization from a person outside of the family.

There was most assuredly "undue influence" of a very strong mind over a weak, and altered mind.

I would like to contest the Will on these grounds.

Attorney Answers 2

  1. It would depend on when the Will was executed and the state of mind of the individual at the time the Will was executed.

    Legal disclaimer: Mr. Tabaku may be reached at (240) 750-4663 or Mr. Tabaku is an attorney licensed in the state of Maryland. This answer is for general information only based upon the facts stated in the question and does not create an attorney client relationship between Mr. Tabaku or Tabaku Law Firm, LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

  2. You have a limited time to contest a Will, in Maryland. You must engage counsel to review the Estate documents with you, and discuss the basis for your assertions of undue influence. There are specific facts that must be proven, and it may take more time and money than you are willing to spend. We have had several cases like this.

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