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