If A will gives me sole ownership of assets can it be disputed

Asked over 1 year ago - Staten Island, NY

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

Additional information

I was also name/listed in the Will as the executor

Attorney answers (7)

  1. Frank Louis Buquicchio

    Contributor Level 12

    8

    Lawyers agree

    Answered . 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.

  2. John P Corrigan

    Contributor Level 19

    7

    Lawyers agree

    Answered . 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... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . A will can be contested based upon fraud, coercion, incompetence, among several factors.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  5. Charles Adam Shultz

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  6. Peter J Weinman

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  7. Stuart Warren Moskowitz

    Contributor Level 7

    2

    Lawyers agree

    Answered . Yes the Will can be contested by someone who has standing for the reasons stated by the other counsel: incompetence, undue influence, fraud.

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