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How to convince a court that a sibling took advantage of parent to get her will changedby false accusations of theft by son

Alliance, OH |

For years daughter has been asking mom to give her inheritance now, sell house and split money between children. When that did not work and mom started getting dementia she began a campaign to convince mom son had stolen her bonds was using mom's money to pay for his home repairs and home expenses.

Attorney Answers 3


Because people are living so long, and often have some form of dementia at the end of life, cases such as this are increasingly common. There is no solution except to retain the services of an expert probate lawyer who is also willing to become involved in a contested proceeding ... which many probate lawyers will not. By law, the Will can be invalidated if the elder person was (a) not competent to make a Will or (b) was under the "undue influence" of someone who caused them to change their previous Will. You must remember that the decision is based not on what actually happened, but on what can be proven. Therefore you will need witnesses and medical records as to the elder's condition, the belief she had regarding the son's activities and that that belief was a product of the influence of the daughter. It is doable, but possibly quite expensive, to engage in probate litigation of this nature. The first step is to sit down for a consultation with an appropriate expert attorney, preferably one who practices in your county and knows the judge and procedures in your court.

Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.

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Wow I had a case a few years ago and the Will was done in Alliance. Sister got away with robbing my Client by bullying the mother into signing a trust/will. The mother realized we had recordings saying she didn't know what she'd done etc. She literally died the day that she was going to have things switched waiting to see an attorney.

I bring this up as while I somehow got it resolved for my Client. That another firm told him they couldn't help seriously prejudiced. If this is being probated, you need a probate attorney NOW. There is a 3 month window to file a complaint under statute. Your attorney while figure out strategy.

My Client sent a letter to the Court, that was all we had, why we could not challenge despite how compelling the voicemails were. I would contact a Probate attorney if this is being probated NOW.

The information provided by Mr. Dumbrys is general in nature concerning common legal issues. Individuals receiving such information should consider retaining the participating attorney or an attorney of their choice to obtain a more in-depth individual analysis of their relevant facts and legal issues. Use of this Service is not intended to and does not create an attorney-client relationship between a Subscriber Attorney and any Requesters. All opinions should be considered lay opinion and to the best of Mr. Dumbrys' knowledge. If you have any legal question Mr. Dumbrys suggests you speak with an attorney in your area immediately as statutes of limitations may apply to limit your Claim.

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Your facts are classic under influence. You need to sit down with the Probate litigator and go over the details so they can evaluate the merits of the claim.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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