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You can challenge a will that someone was tricked into signing

On Behalf of | Jul 7, 2020 | Probate Litigation |

Estate planning fraud does not mean just creating a fake will after the fact and claiming it is the real thing. Instead, the person planning to commit fraud may do so by tricking that person and getting them to sign the document, thereby making it appear more official than it would otherwise.

For instance, say that you have a sibling who has always been intent on getting as much money as they can for themselves. It has created family drama in the past, as you have felt that sibling was taking advantage of your parents financially. That made you nervous about what would happen when they passed away.

Sure enough, your sibling ends up getting 80% of the estate in the will, despite the fact that your parents never told you they planned to leave unequal bequests. You may think that your sibling tricked them, perhaps by claiming that the will, which they had drafted, was actually a power of attorney. They told your parents it was just so that someone could make medical decisions if needed. Looking out for their own best interests, your parents signed, and in this way your sibling tricked them into giving them the lion’s share of the estate.

This is just one example, but it shows how fraud may happen, what it looks like and what red flags you want to watch out for. Even if you don’t suspect anyone or think they would take such drastic steps, remember that these things do happen. Be wary and make sure that you know what legal options you have. In matters involving a potential will contest, it’s important to act quickly.