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Question
Asked 314 days ago by a user from Wartburg, TN
Can I contest my father's will after accepting a settlement from a sibling?
The will specified that I only had 1 year from my dad's death to claim my inheritance. I was not shown a copy of the will until the year had already passed. At that time, my brother offered to buy my "share" of my dad's home and land for $10,000. I felt as though I had only 2 options: accept his terms or forfeit my portion. Does this qualify as undue influence? I have also been told by another relative that my sister and her husband intend to buy my dad's home and property in the near future.
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Answers
Evan Guthrie - Lawyer from Charleston, SC
By taking the money you may have entered into a family settlement agreement and forfeited your claim to the estate if you signed anything in writing. The time period set forth in the will may have also expired.
Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-guthrie-3562169.html LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107380867225921981464/about Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813
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