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My grandpa was in duress when we signed a family agreement that my mom gets everything. my grandmas will left me everything

Fort Worth, TX |

prior to this being done but the will was never probated, can the family agreement be void since i was suppose to get everything when both passed away, but my mom tricked us into signing a family agreement a month before my grandpa died and he was doing chemo treatments

my mom knew she would not get any thing since my grandma left he nothing i never knew what i was signing when this was done nor did I see my grandparents will, I just found out i was suppose to get the entire estate, but my mom had me and my grandpa sign a family agreement a month before he died. My mom coerced us into signing it, so how do i get this reversed since i just found out this info after 18 yrs. my grandma's was done in 1975 and it was new than my grandpa's (1973) .I was 1 yr old when this was done, im now 38.she died in 1993 and my grandpa died in 1994

Attorney Answers 3


  1. You present a very complicated set of facts and you do a pretty good job of it. But, this problem is going to require some analysis. It is possible to set aside agreements if one party was under duress at the time of signing or if a party was tricked or defrauded. However, your grandpa is now deceased and he was the one tricked not you. The fact that there was no probate on your grandma's Will and that it was intentionally kept from you may provide an opportunity for you. You really need to consult with an attorney who is not only experienced in probate law but in probate lawsuits. That attorney will need to develop all of the facts and a very specific timeline of events and that attorney will want to see the Wills of your grandma and grandpa and the "family agreement".

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.


  2. In addition to Attorney Olsen's answer, which I completely agree with, I would simply add that based on the facts you have presented, even if you *MAY* have had an action, at one point in time, it is very likely that the statute of limitations would bar any claim that you may have had. It is, after all, about 18 years since the date when your grandfather died. I do not believe there is anything you will be able to do anything at this time.

    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.


  3. The facts need to be developed more for the proper analysis. However, it is possible that you may be able to have the agreement void if you were defrauded or were under duress etc. The case is complicated and you need an excellent attorney.

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