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My family has a farm from my father's side. My father ...
Sent to Legal Experts January 28 12:46 AM

My family has a farm from my father's side. My father died in '97 leaving the farm to my mother, who has had a will giving the farm to all six of her children upon her death. My mother and one of my brothers still lives on the farm. Recently my mother has changed the will at my brothers suggestion to include only him for land and all possessions. What are our rights as the other five legal heirs.

 

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Kentucky

Customer (name blocked for privacy)
Status:  Closed   Value: $9
Answer
January 28 1:09 AM (23 minutes and 10 seconds later)
         
REPLIEDCheck Mark

Dear anseulluna,

At the moment there is nothing you can do because your mom is still living. She may change her will again.

After her death and the will is filed in the court, you may consider contesting the will for reasons such as her lacking the mental capacity to make a will, will made under duress from another person, etc. This website has some basic information on a will contest www.willcontests.net/faqs.htm

It is your mother's right to change her will and it is your right at the time of her death to contest the will (the other five people).

I hope this helps, let me know if you need additional information.

Sincerely,



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Susan Roberts -- Judge, retired -- 99% Positive Feedback on 606 Legal Accepts
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Reply
January 29 11:40 PM (1 day and 22 hours later)
         
Reply to Susan Roberts's Post: In the recent will I spoke of, my mother stated that the other five legal heirs approved of the farm and all possessions being left to one person and that we willingly gave up our rights to the farm. This is an untrue statement since none of the other five legal heirs agreed to this. Does this have any impact on the authenticity of the will, since it is inaccurate information.
Customer (name blocked for privacy)
Answer
January 30 1:36 AM (1 hour and 56 minutes and 34 seconds later)
         
ACCEPTEDCheck Mark

Hello Customer (name blocked for privacy):

Did your mom write her own will or did a lawyer write it?

Putting that statement in is unusual but it is her right to put in her will whatever she wants to. Most people want their wills not be to contested and their wishes followed.

By making statements such as that in the will, she opens the will to the possibility of being contested on whatever grounds are relevant.........such as undue influence by the child who lives with her.

She may change it again and again until her death. As I said earlier it is her right to do so. However, if she continues to make unusual changes, she runs the risk of her wishes not being carried out because of a will contest.

Good luck.

Sincerely,

Susan Roberts

 



Answers here are for information/guidance only and do not create a lawyer/client relationship.CONSULT A LAWYER IN YOUR OWN STATE.

Please click "ACCEPT" and leave feedback.
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Susan Roberts -- Judge, retired -- 99% Positive Feedback on 606 Legal Accepts
Licensed to practice law for 29 years. Retired state trial judge. Civil and Criminal experience.
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