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Can you challenge a will?

You didn't think you'd have any issues with how your parents did their estate planning. Then the will came out, and you were astounded. It couldn't be right, you thought. There had to be some mistake.

Can you challenge that will?

There are legal grounds to challenge a will, so it is technically possible. However, you should know that the vast majority of wills -- 99 percent -- are not challenged and overturned. That doesn't mean it can't be done, but the situation has to be just right for you to be successful.

One reason to challenge the will could be if you think it's fake. Maybe your brother has been living in Kentucky, near your parents, while you were in New York. The will heavily favors your brother, and reading it just doesn't seem like your parents wrote it at all. You think your brother forged the will to take assets that were intended for you.

Another reason is undue influence. For instance, maybe your parents were suffering from memory issues before passing away. You think that they did write the will, but you think your brother influenced them to change it so that it'd be in his favor, perhaps because he knew they didn't have the mental capacity remaining to realize what he was doing. In that way, he got them to write a will that they actually would never have agreed to a year before. It goes against their true wishes.

Do you want to learn how to challenge a will and what options you have? Our website can help with many of your legal questions.

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