#ElderAbuse #InheritanceDisputes #LegalAdviceNeeded
Hey everyone,
I need some advice on a really tough situation involving my great aunt’s estate. I strongly believe that she was taken advantage of and her will was manipulated by my uncle for his own gain. Here’s a quick rundown of what happened:
– My aunt was removed from the hospital by my uncle without our knowledge
– She passed away at his home after a new will was written distributing most of her estate to him and others who were not close to her
– The signature on the new will looked suspicious and did not match her original signature
– My mother, who was supposed to inherit her estate, was barred from the funeral
I feel like my great aunt was a victim of elder abuse and I’m determined to seek justice for her. Does anyone have any advice on how to prove that the will was forged and ensure that her wishes are honored? Any legal experts out there who can shed some light on the situation? Your input would be greatly appreciated. Let’s make sure that my great aunt’s legacy is protected and honored. 🙏🏼💼 #SeekingJustice #ProtectingElders
You need a lawyer who does estate litigation.
It doesn’t even need to be necessarily forged for you have a possibly actionable claim under this fact pattern. Undue influence is a common claim I’ve seen in NJ Chancery (which handles probate litigation). You should consult a lawyer, but take into consideration the size of the estate, this type of litigation can rip through all the assets – and be stressful and frustrating years of your life.
If you really think your uncle killed her, you should go to the cops or an elder abuse authority. Homicide is obviously a crime, but so is elder abuse.
And you need a probate attorney to challenge a will. Slayers rule disallows someone responsible for the testator’s (dead person with a will) death, with a lower evidentiary threshold than criminal guilt.
Undue influence or even fraud are also plausible theories to invalidate the will. Undue influence is difficult to prove, and costly to litigate. A quick thing you may be able to check is to see if the will by the Uncle is valid (Google will requirements in your state and compare to will). Many states don’t allow wills without witnesses. If there are witnesses you can talk to them to see if they actually witnessed your aunt sign it. Also, your uncle can’t usually be a witness to a will he’s inheriting from because he’s self interested.
Fraud would be the theory that your uncle just wrote the will himself. This could be indicated by a signature that doesn’t match your aunts, fake witnesses, etc. Fraud is also hard to prove, so really I would focus on the requirements of a will in your state and be a real ass about whether this later-made will is effective.