Legal Question in Wills and Trusts in Tennessee
If My dad passes away 11 months ago and was very ill and medicated highly when doing his will shortly before his death and left everything to my mother. How can I contest this and if I can what am I entitled to? She has remarried recently and I am afraid she is going to leave all of my fathers stuff to the new Husband
Asked on 7/08/10, 3:18 pm
1 Answer from Attorneys
Mike Adams
Williams, McDaniel, Wolfe & Womack PC
You can contest the will by filing a lawsuit known as a "will contest." Some grounds might be undue influence or lack of testamentary capacity. You have to file within 2 years of his will being admitted to probate. Depending on the facts, it can sometimes be difficult to be successful in these actions, but his illness is certainly a relevant factor. Let me know if you would like a consultation to discuss more.
Answered on 7/09/10, 10:53 am