Legal Question in Wills and Trusts in Pennsylvania
does 1 sibling(disabled-brain injured) have right to challenge deceased parent's will because they were left less money from the estate (i.e. to force other sibling to give half of the larger amount), assuming the parent was not senile or under insane delusion?
Asked on 4/30/10, 9:12 pm
1 Answer from Attorneys
John Davidson
Law Office of John A. Davidson
Any beneficiary can challenge a will. That said not many wills are challenged because it's not a cheap process so unless the amount to be gained is significant the cost to challenge exceed what the challenging party could get.
Further to challenge the will they would have to challenge the capacity of the decedent to make a will or show that the will was made as a result of fraud, duress or undue influence.
{John}
Answered on 5/06/10, 6:08 am
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