My only sister had me listed on her deed of her home and due to a petty argument she had me removed from her deed and I feel she is being heavily influenced by her friend and she is putting her in her will–I am family verses a friend –is it possible to contest this and win this over?
ATTORNEY ANSWER BY MARGARET L. CROSS:
There are not enough facts to make an informed decision on whether you have a valid cause of action. While your sister may listen to her friend, it may or may not come to the level of undue influence. Is your sister vulnerable in some way? Has the friend isolated her? Did the friend force your sister to make her a substantial beneficiary of the estate? Is your sister elderly and easily confused. Have long were your sister and her friend close. These are all things that the court will consider. Just because you are her sister does not mean that you will win your argument. I have seen many, many estate plans where family members are not inheriting. Also, you can’t contest her will until after she dies and it will be expensive. The executor will have estate assets to defend a claim, where you will have to pay your attorney with your own money.
If you feel the friend is taking advantage of your sister, now, financially, you can report it to Elder Services, assuming she is elderly. Elder Services will hold an investigation.er 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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The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.