Legal Question in Wills and Trusts in Florida

can i contest a will

my grandmother is 87 and i am the only living heir. my fathers ex girfriend has been very friendly to her since his death and i don't live near her. she recently said she wanted to add her to her will since she was so nice to her. my dad would roll in his grave. my question is if this does happen can i contest it being her only heir? like the anna nichole case...


Asked on 2/06/05, 8:10 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: can i contest a will

Any person can leave his/her property to anyone she wants. You should contact a local attorney ASAP with an eye toward finding out if your grandmother might have been under pressure or undue influence to include this person in her will.

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Answered on 2/07/05, 3:12 pm

Re: can i contest a will

Only if you can show fraud, duress, or undue influence. You have to be able to show that your grandmother did not change her will completely of her on volition; that she was tricked or forced into it; or that she was the victim of a certain type of influence. So, whether you would be successful depends on the circumstances under which she ended up including this other person in her will.

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Answered on 2/06/05, 10:04 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: can i contest a will

I reiterate what Ms. Oatley stated and would add that there may be a "non contestation" provision, which would in essence retract any bequeath to you because you contested the will. This, of course, assumes the will itself is upheld after you challenge it.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/07/05, 8:56 am


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