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Old 02-05-2014, 05:34 AM   #1 (permalink)
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Join Date: Feb 2014
Location: Huntsville AL
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Unhappy Last Will and Testament

Would like to know Alabama state law on will. Father passed away on 1/27/14 & his second wife cohersed him into changing his will to leave his two sons & two grandchildren completely out of the will. She is walking away with over a half million dollars in money & real estate. She is also getting his monthly pension check, the widows monthly check from his disability, a pension check from her 1st husband & her own Social Security check. Can we contest this will? Is it an Alabama state law that if a will is contested, it has to be divided into thirds among the children & grandchildren & the second wife??? Have to say that she knew exactly what she was doing. She made my father believe that we didn't care about him. She completely alienated us from him & now she walking away with everything. She said there was no way we could contest the will & win. Do we have a case to fight her?
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Old 02-05-2014, 11:10 PM   #2 (permalink)
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You may have a cause of action for undue influence, which basically means he was pressured into changing his will. Here is a more detailed article. explained here http://www.legalmatch.com/law-librar...of-a-will.html

You may also be able to argue your father did not have testamentary capacity to change his will, which essentially means your father was not competent to draft a will, enter into contracts etc. This is explained in more detail in this article. http://www.legalmatch.com/law-librar...-capacity.html

Revoking a will on either ground is difficult, but it can be done. If you are successful a resulting trust will be formed and the Judge will likely use the first will that was drafted to distribute the money.

This is definitely something you want to consult with a lawyer on. You may have a chance, but you need a lawyer that can really understand the facts to give you a honest answer.

Sorry to hear about your father's passing.
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Old 02-27-2014, 09:25 PM   #3 (permalink)
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I don't care about this because for me it's only for rich people. Poor people like me don't do last will and testament because I don't have something to give. Haha! Poor assholes!
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Old 03-16-2015, 11:57 PM   #4 (permalink)
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The Judge will likely use the first will that was drafted to distribute the money. Revoking a will on either ground is difficult, but it can be done. If you are successful a resulting trust will be formed...!!!





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Last edited by rose61; 12-31-2015 at 03:45 AM.
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