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Helping People Who Are Wrongly Disinherited

Your dad dies, and your brother inherits everything.

This is an old story and an all too familiar one. Mom or Dad (or someone you’re close with) dies. Brother, sister, aunt, etc. gets everything: the bank account, everything under the will, the life insurance, the IRA and so on. You and the rest of your family get nothing.

I’ve seen this happen in many ways. For example:

  • Without telling anyone, a senile parent writes a will leaving everything to your manipulative sibling.
  • Dad remarries, and within a blink of an eye, he has changed the life insurance, and it’s all going to his new wife.
  • A caretaker moves in with Mom and promptly takes over her affairs. Before anyone realizes, Mom has changed her trust to leave everything to the caretaker. The caretaker has even managed to get her name on the bank account, the IRA and a life insurance policy.

In the end, the song remains the same. Deserving people who are family get nothing, while the manipulator takes off with everything.

So what can you do?

Short answer: Plenty! Two legal arguments can help you right the wrong.

  1. Lack of competence. One way of attacking this injustice is to argue that Mom or Dad (or whoever) was not competent at the time they signed a document such as a will, trust, bank account or life insurance policy. This means you have to show that Mom or Dad really couldn’t grasp what they were doing.
  2. Undue influence. A second legal argument for fighting this unfairness is based on a pattern of behavior. Consider Alice, Mom’s new daily caretaker. After a couple months, Alice starts sequestering Mom, keeping the family away from her. Next thing you know, Alice is on all of Mom’s financial accounts, has her name on the bank accounts and also has a durable power of attorney to manage Mom’s financial affairs. Pretty soon, the family is not allowed to see Mom at all. At Mom’s death, surprise! The estate plan has changed and everything goes to Alice. Especially if Alice had power of attorney in these circumstances, you have a strong case under the law for proving that Alice was unduly influencing Mom.

Unfortunately, sometimes someone deserves to be disinherited. But when the facts are on your side, you do have arguments that you can make to reverse the injustice.

How I can help you

I have helped people who were wrongly disinherited all over the state of Michigan by proving lack of competence or undue influence. For more information about what I do to attack these situations and discover the abuses click this link www.robertbancroft.com/contesting-a-will-in-michigan.

Learn more about my background.

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Still have questions? Contact me now.