Legal Question in Wills and Trusts in Arkansas

Existing will changed 5 mos.prior to death by elderly victim of senility

Elderly grandmother was influenced by youngest (and Local) of siblings to change existing ten year old will in which all land and assets were distributed equally amongst siblings, to a trust. Trust is tailored to be given to eventual last surviviing sibling. Remaining siblings are much older, one has past already. The grandmother was fragile, physically and mentally, and it is suspicious that she would suddenly deem it necessary to rewrite the will, especially this trust type concept. This is a substantial estate, which as currently administered, will eliminate children of the living siblings as beneficiaries. Only living siblings receive trust allocations, until last surviving admin. (youngest) decides what will happen with all land and estate. What are time limitations for contesting this and who can contest it?


Asked on 11/22/04, 10:51 am

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: Existing will changed 5 mos.prior to death by elderly victim of senility

A person in AR may contest the will if they would be entitled to receive property from the estate through the will or through what would be established from the contesting.

There are a lot of ways to contest a will. Most of them have different time allocations. What exactly are you contesting, as to the will? If you are saying she was unsound at the time she made the new will, do you have any medical proof, or doctor's reports?

When you say siblings, do you mean siblings of your grandmother, or are these all her children?

I would be glad to discuss this further, if you would like to provide me some more information.

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Answered on 11/22/04, 4:29 pm


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