My grandmother made a will prior to her expiring leaving a home and assets to me. I have a brother but the will only names me
I was also name/listed in the Will as the executor
Elder Law Attorney
There are certain people (called distributees) who gave a right to contest a will regardless of whether they are named in the will or not. If you and your brother are distributees then he may gave the right to contest the will.
8 lawyers agree
He could dispute the Will if he believed your Grandmother was not competent at the time she executed it making you sole beneficiary and executor. elderly people are susceptible to what is known in legal parlance as "undue influence" or "duress." If Grandma was ill and not completely of sound mind (and there is evidence to this effect) then you may have a big problem if he pursues this strategy....especially if there was a prior will that had different terms and included you brother. If you feel bad about things then you could disclaim a portion of the assets to get your brother a piece of the estate....really up to you and depends on a lot of unknown facts form what I can deduce form your question.
My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.
7 lawyers agree
Estate Planning Attorney
The most common reasons to contest a will are undue influence and incompetence.
if either of these can be proven-the will can be successfully contested..
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Divorce / Separation Lawyer
A will can be contested based upon fraud, coercion, incompetence, among several factors.
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Yes, anyone with standing can contest a testamentary document. The fact that they can contest does not mean they would win. If you parent who was your grandmother's child is living, your brother would not have standing as he would not get anything if your grandmother had died without a will. If your parent is dead, then he would be an intestate heir so he can seek to invalidate the Will for incapacity, fraud or undue influence if any of them apply.
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Real Estate Attorney
Yes, a will can always be disputed. Retain counsel.
My answer is for general purposes only and is not not intended to establish an attorney-client relationship, nor is it advice upon which you should act or rely. But, if you really want me to tell you something upon which you can actually rely: don't eat yellow snow.