Legal Question in Wills and Trusts in Virginia

Can fathers will be contested if written when he was in advanced stages of dementia, non verbal and with a feeding tube, signed with an X. Everything was left to second wife. She passed away recently, and everything was left to her son, his children got minimual because of prior monitary gifts. When they married (both in their 60's) she moved into the house with nothing and managed to change Dad's will and take over. His children would like to have the contents of the house as it all belonged to out Mom. Have the house sold and proceeds split equally. NEED ADVICE we have a copy of both their wills. We had to go to the courthouse to get them, as her son will not return calls nor answer written communication.


Asked on 10/06/11, 8:47 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

You should consult a local attorney about initiating an action in the Circuit Court which granted probate of the will, but this must be done within one year of the acceptance of the will for probate.

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Answered on 10/06/11, 10:04 am


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