For people in Miami-Dade, as well as throughout the country, a will is a way to legally establish how they want their affairs to be handled after their death. Occasionally, however, beneficiaries, or those who are for one reason or another no longer heirs, may question the validity of a loved one’s will, which can result in lengthy and costly litigation.
According to reports, after an already unsuccessful lawsuit by her father, one woman is suing her maternal uncle with the same claims, that he used undue influence over his father, her grandfather, to convince him to change his will to reduce her share, increasing his own. Under both previous versions, and the version in question, the woman’s grandfather indicated his estate should be divided between his son and daughter, the woman’s mother. Since her mother passed away, according to her grandfather’s wills, she should reportedly get her mother’s share.
The woman’s grandfather suffered from progressive supranuclear palsy, a neurological disorder with debilitating effects. The condition can cause significant problems with a person’s thought processes, along with other things. Both the woman, and her father before her, claim her uncle took advantage of her grandfather’s mental incapacity to make the changes to his will. In the first trial, the judge ruled that because the woman’s grandfather was still alive and able to display understanding of what was going on, as well as somewhat answer questions he was asked, only he could say that he was coerced into adjusting his will.
Losing a loved one can be difficult, and can be made even worse by probate issues. If you feel, like the woman in this case does, that a loved one has been taken advantage of, it may be of benefit to consult with an attorney to discuss your options.
Source: New York Times, “Perelman’s Daughter Leads a Nasty Legal Brawl”, Susanne Craig, Sep. 16, 2013