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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

Asked in Fort Worth, TX - 9 months

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

Attorney Answers (3)

Orsen E. Paxton III

Orsen E. Paxton III

Arlington Wills and Living Wills Lawyer

Licensed in TX

Answered 9 months ago. 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.
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Steven John Clausen

Steven John Clausen

The Woodlands Estate Planning Attorney

Licensed in TX

Answered 9 months ago. 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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James P. Frederick

James P. Frederick

Livonia Probate Attorney

Answered 9 months ago. 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... more
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