Undue influence and fraud during will preparation

Asked about 4 years ago - Nashville, TN

Facts: father passed away 7/1/2000. Mother prepares hand-written will 8/30/2000. Brothers hire attorney to remove mother's life estate. Brothers have mother use same attorney to prepare "legal" will. Mother takes hand-written will to attorney to go by. Brothers take mother to sign will and deeds. During probation daughters have obtained said hand-written will and deeds -- fraud is glaring regarding their share as beneficiaries. So called "legal" will does not support the mother's wishes of 8/30/2000 hand written will and changes language which mother would not have understood to change her wishes. These changes enabled one brother to defraud mother of land, which was to ultimately go to daughters. All changes to "legal" will benefits brothers, which mother trusted at that time.

Attorney answers (1)

  1. Ruth Elaine McMahon

    Contributor Level 17

    Answered . Daughters should consult an attorney in the jurisdiction where the estate is being probated who specializes in trust and estate litigation. They should take copies of all documents to their appointment so that the attorney can review the handwritten will and typewritten will and deeds. One of the earmarks of undue influence is when a interested person (brother) takes a mother to the attorney of the brother's choice to draft mother's will.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,404 answers this week

2,779 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,404 answers this week

2,779 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary