Q: My mother left the bulk of her estate equally to four of us seven children. According to the will, the last of eight that Mother executed, the three others were disinherited because they had refused to call off a proceeding that they had initiated to remove me as fiduciary of the estate of my uncle. Mother felt that they were airing our family laundry in public.
The will states that the three knew from the beginning that Mother disapproved of what they were doing and were warned on numerous occasions that they would be disinherited unless they called off the lawsuit against me. Our mother always had a very close relationship with me. I was her firstborn.
Mother wrote numerous letters to various of her children both before and after the execution of the will, saying that the lawsuit against me was killing her. To ignore what the three tried to do to me would be more or less giving her silent approval, which she could not do. At the time that the will was executed, Mother was living with my sister out of the country, while I resided here.
A: So long as there is no evidence that you actually compelled your mother to do something she did not want to do, this does not sound like undue influence.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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