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Undue influence and fraud during will preparation

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. 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.

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