We discovered upon my father’s death that he left more money to his mistress than he did to his wife. Can we sue the mistress ? Apparently they were together for 20+ years.
ATTORNEY ANSWER BY MARGARET L. CROSS:
Your mother may be able to elect against the Will if she did not receive enough under the spousal election. Please be aware that any asset that your parents owned jointly avoids probate and does not fall under the purview of the Will or the probate court.
You may be able to invalidate the will if you can prove the mistress exerted undue influence over your father. However, it may be an uphill battle as they were together for twenty years before his death. The will would have needed to be executed while your father was under some sort of duress or mental incapacity.
Your mother should consult a probate attorney.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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