Legal Question in Wills and Trusts in Tennessee
Grandparent excluded grandchildren in Will after Mother's death
My mother died in 2000. My maternal grandparents were still living. My mother had one sister only. My grandma died in 2001. My aunt cared for my grandpa quite a bit before he passed in 2005. She helped him in legal matters as well including writing a new Will. It was not until after his death we learned we were not mentioned. It mentioned my aunt, then her husband, then their children. It left out my mothers children (3 of us just like my aunts). Is there any recourse for this or is the Will the final word (even if it's not right)?
1 Answer from Attorneys
Re: Grandparent excluded grandchildren in Will after Mother's death
Your Dad had the right to redo his Will at any time up until his death. I can understand your feeling that the Will "is not right". The law does allow an interested party to challenge a Will under certain circumstances. For example if the last Will was written under duress, or undue influence. The problem is that someone would have to prove facts sufficient for a Court to set aside the Will. These cases are very, what we call, "fact specific". So, you must consult with an attorney, provide the attorney with all of the pertinent information, allow the attorney to interview other witnesses, and then follow the attorney's advice. Most of us will charge for the time it takes us to be able to give you good advice on whether or not to proceed. I wish you the best of luck.
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