Legal Question in Wills and Trusts in Pennsylvania

coercion

My wife was to inherit a % of her late Grandmothers estate. It turns out that, over the past 2 years, her mother had put 90% of Grandmoms possesion put into her name in order to save her from being taxed, and now it seems my wife's only entitled to a fraction of what was intended for her.

I believe her grandmother was coereced into signing documents under false pretences, but I'm not sure if it matters or if I can prove it.

We've know about the will for about 3 years and were told it was set up to be split 75%-25%. Then, last fall , we received a letter from my wife's mom stating that the will WASN'T set up that way, and that she(Mom) would get everything. She had my wife's G-mom sign this paper, but when my wife talked to her she said that her daughter made her sign some yellow paper, but that she didn't know what it was about. I mention this because after G-mom's death, my wife received a copy of the will which in fact WAS set up 75%-25%! So G-mom signed a paper saying her will was different even though it wasn't! She also recently sold a house, and afterwards didn't know how her daughters name ended up on the bank acct. that the money went in to. Should I be contesting the will? If so, how long do I have?


Asked on 2/21/07, 1:23 pm

2 Answers from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: coercion

I do not understand all the facts of this complex situation as related. Was the will as probated the original will which left you 75% of the estate and your wife's mother 25%. Was it a different will that left 75% to your

wife's mother. If the grandmother was incompetant and her daughter took advantage of her then there may be a claim. You would need medical evidence and perhaps other witness'es to the grandmother's mental condition. In any event you should speak at once to an attorney to review the entire situation. If you would like a consultation with my office then please contact me.

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Answered on 2/21/07, 2:35 pm
John Davidson Law Office of John A. Davidson

Re: coercion

There are 3 main grounds to challenge a will. They are fraud, duress and undue influence.

I am not sure based on what you stated it was fraud or duress or some of both with maybe some undue influence thrown in.

As to how long you have to contest the will depends on some facts you haven't revealed. When did grandmom die. Has her will been entered in to probate.

If you have any questions feel free to contract me, the initial consultation is free.

{John}

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Answered on 2/21/07, 2:56 pm


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