It is difficult to determine whether you will be successful in challenging the decedent's will or a previously filed quit claim deed. However, this can be a very difficult process and a person wishing to make such a challenge has a very short 4 month period of time to make such a challenge. Therefore, I recommend that you schedule an appointment with a knowledgeable probate attorney to review your specific circumstances to determine whether you have a basis to make such a challenge.
Generally speaking, a will contest or challenge can be made when the decedent was incompetent to make decisions at the time the documents were signed, was coerced or forced to sign documents, or was induced to sign documents based on fraudulent representations or undue influence. In addition, if the documents do not meet the statutory requirements and are invalid documents, then a challenge may be brought. This can be a very difficult, time consuming and expensive process. It is best to consult with an attorney sooner than later to evaluate your specific options.
The above response is commentary regarding a general legal question. It is not intended to be legal advice specific to the reader's individual situation nor does it create an attorney-client relationship between the author and any reader. You are encouraged to contact a qualified and knowledgeable attorney to discuss your specific legal situation.
If the property was quit claimed when the owner lacked the proper capacity to do so, that would be a grounds to challenge the deed itself. If you wish to challenge the will, you have 4 months to do so. Challenging a will can be very difficult and expensive, so make sure you get a good attorney who has experience in that area of practice.
This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.
If the decedent executed a quit claim deed while he was of sound mind, you can challenge it, but will most likely not be successful. You should consult with a probate attorney to see if there is any basis to your claim.
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If the deed and Will were prepared by an attorney, your uphill battle verges on Mt. Everest. It sounds like the Will echoed the provisions in the deed. The decedent was free to leave his or her property any way he/she liked. Unless there is compelling evidence of undue influence or lack of capacity, it is VERY unlikely you would ever be able to set this aside.
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