Legal Question in Wills and Trusts in Maine

changed will

In 2007 Dad wrote a will putting the house into a trust for his great grandson. In 2008 He changed that to leave everything to his grandson and leave the great grandson out. I tried to contest the second will stating undo influence. I was told I had no standing because I inherit nothing. I am asking for nothing except to get my great nephew what I know my father wanted him to have. What can be done?


Asked on 2/08/09, 11:12 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: changed will

If the greatgandson is a minor, then a guardian ad litem should be appointed to protect his interest, including the undue influence issue. If the Court has not acted on its own on the guardian issue (sua sponte) then it should even if you raise it. If the greatgrandson is over 18, then it is his issue to pursue.

Anyone who could inherit under the laws of intestacy (if there were no valid Wills) has standing to intervene.

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Answered on 2/09/09, 8:36 am


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