Mother’s will challenge

Mother’s will challenge

Video Will: I am the oldest of 3. My mother has willed a house that's worth about 35,000 to me. I have the middle sister fighting me on that will saying its no good. I hired an attorney who wrote up the new will and it was taped and my mother knew what she was doing. Can my sister be right?


You and your sister should realize that if you don't resolve the issue quickly you could run up legal fees out of proportion to the value of the house. Not much of a victory for whoever wins if that was the case.

To clarify your comment it appears that your mother signed a new will and that the signing ceremony was video taped. A video tape alone is not sufficient to constitute a will, it is merely evidence of what your mother's intent was when she signed a will.

Your question doesn't address what issue or concern your sister is raising to challenge the will. Should could be claiming that you used "undue influence" to persuade your mother to give you the house. She might be arguing that your mother was not competent when she signed the will. There are a number of ways one can challenge a will. There is a planning tip in the probate section of this website that has more information on this that may guide you, but your consulting with a probate specialist in your state is the best step, and you seem to have done that.

You need to understand from your lawyer the basis that your sister is using to challenge the will so that can be addressed, There are different nuances and issues for each.

So, can your sister be right? Maybe. Depends on the facts. If your sister is challenging your mother's will on the basis that it was signed correctly, that is a question of local law (what is required for a valid will signature) and fact (what was done). Your lawyer should advise you on this.

There is also a book The Complete Probate Guide available through that can provide some guidance for you.

Our Consumer Webcasts and Blogs

Subscribe to our email list to receive information on consumer webcasts and blogs, for practical legal information in simple English, delivered to your inbox. For more professional driven information, please visit Shenkman Law to subscribe.

Ad Space