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$2 MILLION ESTATE WILL CONTEST : INVALID WILL EVEN THOUGH COMPETENT AND NO UNDUE INFLUENCE BY 2 OF 5 BENEFICIARIES : HOW DID THIS HAPPEN ?

Uncategorized Feb 1, 2014

Who loses in an   undue influence lawsuit   if 3 of the 5 beneficiaries are at fault ?

What if there are five beneficiaries to a will and three of those beneficiaries practiced #undueinfluence ?  Is the entire will invalid or only part of it ?  (Answer: only part of it in Iowa).

An interesting #probatelawsuit in Iowa, whose opinion was published in late January, pits #heirsatlaw versus   non family beneficiaries   in #probatelitigation, complete with allegations of #undueinfluence and lack of mental capacity (incompetence.)

HEIRS SUE NON FAMILY BENEFICIARIES IN #PROBATELAWSUIT

Allan had a will. Allan had a brother and a nephew who #challengedthewill after Allan died. The brother and nephew brought a #willcontest to set aside a #lastwill.

Why? Because the will disinherited them.

Those two #heirsatlaw, sometimes called #nextofkin, won the #willchallenge.

  • The will was invalid
  • The jury found Allan competent to make the will
  • 2 of the 5 non family beneficiaries did NOT exercise #undueinfluence.

Q: How can you overturn a will if Allan was competent ?

(   Read on        ………………..   )

JURY FINDS THAT 3 NON FAMILY BENEFICIARIES EXERTED UNDUE INFLUENCE — why disinherit the other 2 who did nothing wrong ?

After the #probatetrial, or #willcontest, the jury found that 3 of the 5 non family member #estatebeneficiaries exercised   undue influence   over Allan.

If    there’s no will,   then    only family members #inherit    — under the #intestacystatute.     That’s right: family members have a  guaranteed inheritance if there is no will.

Q : Why should the 2 non family member beneficiaries lose their #inheritance if they did nothing wrong?

WILL CHALLENGE FACTS — old wills, or prior wills

  • Allan was borin in 1922 and died in 2011.
  • Allan never married and had no children.
  • His estate = real estate    $2.4 Million 
  • Allan had a 1982 will and a 2007 will
  • Allan executed prior wills in 1982 and in 2007.

NEW 2011 WILL — new inheritances for non family members

Allan #disinherits siblings and nieces and nephews:

On March 16, 2011 Allan had a detailed conversation with his #estateplanninglawyer to discuss    changing his will   and leaving an #inheritance to non family members. He arrived alone.

On March 28, 2011, Allan met with his lawyer, and was driven there by a non family member beneficiary. The beneficiary was not part of the discussion.  Allan signs will.

2011 WILL ADMITTED TO PROBATE

  • $2,400,000 estate

Allan’s brother and nephew sue to #overturnthewill.

11 DAY JURY TRIAL OVERTURNS WILL — BUT APPEALS COURT GIVES INHERITANCE TO 2 BENEFICIARIES WITH NO UNDUE INFLUENCE

The 2 non family beneficiaries appealed. They claimed they did nothing wrong and the jury did not find that they exerted #undueinfluence.

Allan’s 2011   will was void  as to the inheritances for the 3 non family beneficiaries who the jury found exerted #undueinfluence.

Those parts of the #lastwill are separated and now void.   The other 2 non family beneficiaries still inherit.