Legal Question in Wills and Trusts in Ohio
Grounds to Contest?
Stepmom died Jan.2004 after being in hospital since Oct.2003.Prior to & during her hospital stay she emphasized wanting to get her affairs organized to make it fair & easier for all of us in the event of her death.While in the hospital she was heavily medicated(morphene,valium,etc),had a stroke & loss the use of her right arm & hand,almost bled to death atleast 3 times & was put on a respirator,etc.We were never in her room with out her son being present.Her son nows says a new will was made in Dec.2003 leaving 99.9% of her estate to him.We were left a coin collection & bonds he says he can't locate.No one has seen the new will except the son & possibly an attorney.Our stepmom's previous will left her estate equally divided between 3 of us.We do not feel the new will states her actual wishes.Do we have grounds to contest the new will & what does something like this cost?
Sincerely,Broken-Hearted in Ohio
1 Answer from Attorneys
Re: Grounds to Contest?
Wills can be challenged on the grounds that the person making the will ("Testator") was not competent when the will was made or that her free will was "overborne" by someone who became the major recipient of the Testator's largesse. Your message very much described such a possibility.
You will need to contact an attorney in your local area to discuss a will challenge and the cost. I can recommend some forensic psychiatrists who may be able to review her medical records and give an opinion of the likelihood of her being competent in December, 2003.
First, get an attorney. Then have the attorney contact me, if you want to pursue expert witnesses.
Pauk
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