What defense does a child have against being cut out of an equal part of her mother's will, mostly due to the influence

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Customer: What defense does a child have against being cut out of an equal part of her mother's will, mostly due to the influence of jealous and vindictive controlly siblings who want control over how she spends her money. Her mother is near dementia, can'tt stand squabbling amonst the siblings and has chosen two of them to be the executors of the will. They told the mother she should will the child's equal part of the will to the younger brother, so dole it out to her to invest as HE sees fit. The child hates her mother and family bitterly from a life long struggle to not be put down as 'crazy' for her religious and political beliefs and has come to a dead end with talk to her mother who poo poo's any important issue she might have and feels like the brother and other sister know best about how she should spend her money. The child is 61, sister executor is a few years older, and the brother a few years younger. They feel that the child's fair chosen actions against her mother's wishes over the years as to what religion(s) she has studied and political ideaologies she subscribers to have caused the mother and themselves irrepairable harm to the family 'togetherness' and 'normalness'. The child has told them she will not accept any inheritance at all unless it comes with no strings of chaperoning attached. Otherwise they can 'take it an shove it.' She does not want any of her siblings involved in her life on an ongoing and dependent basis after the mother dies especially ttelling her want she can or cannot invest in or spend it on. They are afraid she will give it to some cult or another, or leave it all to me if she dies first. I am 70. She wants to leave it to her neice should I predecease her, and if I predecease her, I would also leave to the same neice (and nephew), If there is any left after I 'snort it all up with wine women and song.'
Answered by Infolawyer in 3 mins 1 year ago
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Infolawyer, Expert

Hello, my name is ***** ***** I am a licensed attorney with 17+ years experience. Please allow me a few moments to review your question. I will reply right back!
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Infolawyer, Expert

A will is generally upheld as would an affirmative exclusion from inheritance.A challenge to be successful has to allege and prove fraud, mistake or duress.You can also easily search court cases using google scholar by jurisdiction and terms. That site is easy to use (like google) and is also free! Here is a link https://scholar.google.com/scholar_courts?hl=en&as_sdt=0,33 I find it as useful as paid databases which charge hundreds of dollars per search.
Customer
How about political or religious prejudice on the part of the interfering parties.
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Infolawyer, Expert

That would not impact things. The will would be upheld subject to the exceptions I mentioned.
Customer
The mother is in her late 80's, is near dementia and is no longer really able to argue back against the 'duress' of the siblings trying to convince her the child is mentally retarded, and does not understand 'real life' because she associates with people they desest.
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Infolawyer, Expert

Anything she does now by way of estate plan can be contested as lacking mental capacity.
Customer
Are the executors held to the same standard of proof as the child is as to their accusations concerning the child's alleged mental retardation, irresponsibility, easy swayability, gullibility, and mentally deficient correct view of the world, or can they assert negative generalities about the child until people believe they are true. (They aren't)
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Infolawyer, Expert

They need to maintain any accusations with specifics. Generalities not enough.I hope my answer is fast and clear. Please let me know if you have a follow up question and I will be happy to answer it.
Customer
Does the mother even have to justify at all her 'decision' and how would anyone prove her lack of mental capacity? How are these determinations made.
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Infolawyer, Expert

Decisions need not be justified.
Mental capacity challenge would require proving by medical records that confirm some incapacity.
Customer
Do mean some physical mental incapacity? This is such a vague term. Are the executors held to the same standard of having to prove some medical incapacity in the child? Can the child request an exam to determin, what, mental fitness to run her own life.
Customer
Or perhaps the mother could say the child is MAGA and believes in GOD which surely proves her mental unfitness for much of everything.
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Infolawyer, Expert

The incapacity has to be mental. Often requires testimony from doctor or expert.
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Infolawyer, Expert

If mother of sound mind she can disinherit for a foolish reason or no reason at all.
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Infolawyer, Expert

I wish you the best. You are welcome to follow up on the answer as needed and keep me posted.
Customer
OK, great, what kind of incapacity are we talking about? Can you give me a hard example.
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Infolawyer, Expert

If one does not know what one is doing such as when under dementia.
Customer
How do you define sound mind if under the constant influence of connivers and deceivers. They dont have to prove anything, just child is foolish and unworthy of your money.
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Infolawyer, Expert

That would be undue influence.
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Infolawyer, Expert

These are fact specific for judge to decide on.You can also easily search court cases using google scholar by jurisdiction and terms. That site is easy to use (like google) and is also free! Here is a link https://scholar.google.com/scholar_courts?hl=en&as_sdt=0,33 I find it as useful as paid databases which charge hundreds of dollars per search.
Customer
OK, I understand dementia full well. So really I am talking to the judge. How does one get the will contested in front of the judge?
Customer
I check out the link you gave me.
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Infolawyer, Expert

Petition has to be filed with estate counsel.You may benefit from using local counsel to handle this for you. You can find a local lawyer by location and practice area using avvo.com, findlaw.com, justia.com and martindale.com. You can also look for pro bono free counsel through state or federal bar associations including this excellent resource: https://www.americanbar.org/groups/legal_services/flh-home/flh-free-legal-help/
Customer
that would be OUR counsel, not theirs right? Someone to defend US, not them?
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Infolawyer, Expert

Precisely right.
Customer
I know such counsel, will talk to them further.
Customer
Thanks.
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Infolawyer, Expert

Excellent. Thank you for the opportunity to address your question. Please stay safe and healthy. You are welcome to mark me as a favorite and follow up as other questions arise.
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