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My friend live me everiting on his will. after he dies he sister want to revoked.can she do that she argued that was a fraud.

Pompano Beach, FL |

Can she take everiting from me.

Attorney Answers 3


  1. She can argue fraud, but that is a very difficult hurdle to clear. If she were to somehow prove fraud, then she could have the will declared invalid. So if you are asking whether it's possible, then yes. If you are asking whether it is likely, well there is no way to answer that given this type of forum.

    I would strongly recommend that you contact a local attorney to protect your interests. If you try to do this alone, you are likely to find yourself in over your head.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


  2. Only the person who made a will can revoke it. However, a close relative like a sister can apply to court to over turn a will for reasons like fraud, duress, lack of capacity, and undue influence although the burden of proof can be steep.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax and SpecialNeedsNJ.com/blog for timely updates. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.


  3. I believe this is a duplicate of your earlier answer. While the attorneys who volunteer on this site are very happy to answer questions and try to help you, it is not beneficial to simply repost questions, until you get the answer you want. You are in what sounds like a complicated situation and it sounds like the sister is not going to simply walk away. The only smart thing for you to do in this case is to immediately meet with a probate attorney to determine your rights and how best to proceed.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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