When out of the blue an elderly person signs a will that takes a loved one out of their estate, it is reasonable to ask if they have fallen under a spell, or if they lost their mind. If so, the will can be challenged in court. The challenge is called a “will caveat.”
Any interested party can file a caveat within three years of when the questionable will is filed. To win and have the questionable will revoked, you must show that the person did not have the mental capacity to execute a will, or that the will was the result of the undue influence of another. The attorney fees of both the parties to the dispute are often paid by the estate that is being fought over. This is different than most litigation where each side must pay their own attorney. Unfortunately, this sometimes leads to unnecessary litigation, because a family member that has been cut out of an estate can get a “free shot” at upsetting the will.
and want to talk about it,