Trust & Estate Litigation Attorney in Denver, Colorado

Besides undue influence or lack of capacity, what other grounds are there to contest the validity of a will or a trust?

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So there’s something called an insane
delusion which is a a false belief
that’s not based in reality uh contrary
to all the evidence that causes someone
to uh change his or her will in a
material way. So to give you an example
of that, uh we are handling a case right
now where uh husband executed a will
leaving everything to his wife. Um he uh
had two adult children from a previous
marriage. Unfortunately, he was
diagnosed with latestage cancer. He
wasn’t doing very well. He was on
morphine for the pain. A relative came
into to into into town and started
telling him that his wife was trying to
kill him. He believed it. He left. He
changed his will. Uh cut the wife out of
the the in the new will, cut his wife
out, left everything to his adult
children. One of our basis for getting
that second will um invalidated is that
he was suffering from an insane
delusion, namely that his wife was not
trying to kill him. And at the trial, we
will call several witnesses, including
healthc care providers, neighbors, and
friends to talk about uh what a good job
his wife did taking care of him and and
certainly was not trying to kill him.
And so if the judge uh believes the
evidence on that claim, that would be a
basis that our client could prevail
upon.

Denver, CO estate planning & probate attorney Kevin Mahoney talks about what grounds, besides influence or lack of capacity, there are to contest the validity of a will or a trust.

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