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There is a will contest and there is undue influence & lack of testamentary capacity.

Bronx, NY |

The person who drew up the will for the testator (this is pretty much proven), now realizes that they cannot get out of what they did and they want to settle. In drawing up a settlement agreement, what should we be looking for. So that they cannot ever go back and bring this up again. We need them out of our lives for good. we would love for them to be punished, but cannot afford to go to a trial. The lawyers handling the case milked us for everything we had.

Attorney Answers 3


  1. Due to ethical and professional rules of conduct, no one at this site can comment when you have retained an attorney which seems to be the case here.

    Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. If you are represented, you should have your attorney review the settlement documents for fairness and completeness.
    If you are not represented, use your common sense and pay special attention to the release portions of the document.


  3. I agree that if you are represented, your lawyer knows your case best.. I gather you don't have a lawyer anymore. What is confusing to me about your post is who did the wrong doing, the draftsmen or you. You need to discuss this matter with a lawyer. You may need lots of provisions about an accountin, just as an example..

    Siegelandsiegel.com

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