If a will may have been tampered with, can you litigate?
  1. Home
  2.  » 
  3. probate litigation
  4.  » If a will may have been tampered with, can you litigate?

If a will may have been tampered with, can you litigate?

| Feb 27, 2020 | probate litigation |

Your father passed away, and it was with his death that your parents’ estate was ready to be passed on to you and your siblings. When you saw the will, you were taken aback by its contents. Only your two other siblings were included, and you were left out completely.

You stood to inherit a portion of the value of your family home, money from trusts your parents had set aside and more. You’re not sure how this has happened because it was you who spent your time taking care of your father in the nursing home. In fact, you’re not sure that your siblings ever visited him there at all.

Situations like yours can lead to will contests. If you believe that someone has tampered with the will or convinced your parent(s) to change it without your knowledge and when they couldn’t make sound decisions, then you may have a case.

What happens if you take the case to court and the will is overturned?

If you take the case to court and have the will overturned, there are two things that could happen. One is that you and your siblings may need to abide by an older will that you all agree is valid. This will might be missing some of the changes found in the new will, but if it is from a time when your father was mentally competent, it can be used.

If there is no other will, then your father’s estate may need to go through probate, and a judge may need to decide how the property will be divided in accordance with state law.