My father died two months ago and in his will left his entire estate to my sister. Only if she dies to I inherit half of her estate with my uncle. I get nothing and my sister told me that she will give me nothing. I live in FL; they live in MD. Is there anything I can do to protest this will? I feel it was done under duress with my sister probing him to do this will. Please help! I just saw the will and am shocked as I have always had a great relationship with my father.
2 Answers from Attorneys
Yes, there is a way to challenge a will if you believe it was entered into under duress or due to undue influence. In Maryland, it is called a caveat proceeding. You should consult a lawyer and be prepared to give the lawyer all the information you have that suggests there could be duress or undue influence. You should move quickly on this, as the time limits on filing a petition for caveat are relatively short (6 months). Please email me with further questions ([email protected]) or call (240.380.0863) if you would like to have a free consultation.
You can caveat. But the burden of proof is on you. Proving undue influence, lack of capacity, etc will be your responsibility. The blanket statement that you and your father always had a good relationship will not get you there. These cases can produce positive results but are not easy to win. You need to inquire as to the costs of the case including attorney fees, the likelihood of success, the number of years the attorney has been in practice, if she/he has been subject to any discipline proceedings, the number of these types of cases they have litigated and then also won.