Few times are as somber as when an adult child has to lay one of their parents to rest. You may have cared for your parent at the end of their life, been given power of attorney to make important medical and legal decisions, but making changes to a final will can be acrimonious at best. Whether you are satisfied with your inheritance or believe that the final will left you with an insufficient piece of the estate, you could find yourself disputing how to split up your deceased parent's estate with your siblings.
Using Diminished Mental Capacity As Grounds To Challenge a Last Will and Testament
If your parent was suffering from Alzheimer's or was is some manner mentally impaired when the final will was signed, your probate litigation lawyer can go to court and challenge the final will. When legal and medical power of attorney is granted, the party in charges cannot abuse their power. In other words, if one of your siblings was granted power of attorney because your parent's mental health was failing, he or she could not make changes to the last will and testament to suit their needs. Surprisingly, your hired probate litigation lawyer can probably tell you of numerous examples that demonstrate just how prevalent this type of fraud is. Unless a final will is contested, any party who has legal authority over someone with diminished mental health can make sweeping changes for their financial benefit.
State Laws and Standards Concerning Probate Court
Some states don't have many laws that explicitly outline under what grounds a final will can be contested. For persons living in Ohio for example, a final will can be contested by just about anyone who is able to prove that they have an interest. That means that the deceased former girlfriend or even a gardener who believes that they should have been included in the will can file a petition, and potentially lengthen the time that an estate spends in probate. Going through a probate litigation attorney will help to expedite the process, helping to make it clear which parties are able to contest the will and what proof is needed to state a claim.
If you and your siblings aren't able to split up your deceased parent's estate equally, your probate litigation attorney and the executor of the will can help you family to gain clarity. Consider that your parent would not want you and your siblings to fight over money and likely wrote out their will in a way that would minimize conflict.Visit a site like http://www.hurth.com for more information.