Saturday, January 24, 2009

Sibling Rivalry

Our firm often defends will contests.  You have probably heard of the scenario.  Mom or dad treats one child better than another.  The other child, not surprisingly is hurt, and contests the validity of the will.  The complaint may contain a claim that the one child unduly influenced the parent to make the purportedly unfair will.  We wrote an article on the topic in 2006.  Occasionally, the lawsuit is accompanied by another complaint for intentional interference with an expectancy to inherit.  These scenarios often make people wonder, “what would mom think if she new this fight was going on over her will?”  Well, in at least one case, we are no longer left wondering.  The American Bar Association recently reported on a case where a son is contesting the validity of his mother’s will, and she is still alive.  Mom feels the lawsuit is “ridiculous and unnecessary and inexcusable.”  If you are wondering whether mom is near death, she was quoted as saying, “I'm not dead yet, and I don't plan on croaking soon.”

No comments: