From Our “Ask a Question” Mailbag: “What Are the Grounds for a Will Contest.” What Are the Grounds for a Will Contest: Undue Influence. Mr. Montgomery is elderly and ill. He can no longer care for himself and has become reliant on his son Conshohocken. Conshohocken downloads a power of […]
Tag: Lack of Capacity
From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?
Where you live, will contests are heard by the judges in the Lehigh County Orphans’ Court, located in Allentown. In many cases, will contest challenges settle before a trial. If the case settles, the parties could agree to terms in a matter of weeks. We’ve even seen family members settle challenges on the courthouse steps minutes before trial.
Not all family and friends are perfect. And in some cases, they can be downright malevolent. Ensuring family members and loved ones are not unfairly left out of a decedent’s Will is a common concern.
Modern medicine has vastly increased the average lifespan. Sadly, science has not solved every problem, and one in three seniors die with Alzheimer’s or dementia. These diseases affect a person’s judgment, memory and cognitive functions. Often reaching the point where a patient may completely lose capacity to develop or revise their estate plan.
