FAMILY OF BASEBALL PLAYER TO CONTEST WILL

A person's will is very important. A will explains how a person wants the person's assets to be distributed after the individual has passed away. In many cases, a will is just one aspect people's estate plans. However, it is often heavily relied on to determine a person's last wishes. Family members look to a will to understand how much of an inheritance they will get and how to settle any other outstanding issues with the estate.

If a will is not properly executed, then its validity can be called into question. Even simple mistakes can void a will and a state's laws will be used to distribute a person's assets. When a person believes that another person's will has not been validly executed, the person then can bring a will contest. A will contest can be a struggle for a family, but may be best when a family thinks that fraud, undue influence or some other incapacitation affected the creation of a will.

The family of the famous baseball player Ernie Banks announced their intention to file a will contest. According to the family, they believed that the late man's caretaker exerted undue influence over the man when he created his latest will. They argued that the woman coerced Banks into signing a new will in which he gave all of his assets to the woman instead of his two sons.

The woman, on the other hand, argued that she was just carrying out Banks' wishes. She said that evidence surrounding the creation of the will can show that he was not forced into creating the new will.

When creating a will, people must make the decisions based on their own free will. Additionally, they must be of sound mind and body and therefore able to make the decisions. If a family can show that these elements were not met, a will could be thrown out.

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Rignanese & Associates is available to work with clients on their unique situation. Please reach out to us at our headquarters at 141 5th Street NW, Suite 300, Winter Haven, Florida 33881 at 863.294.1114.

On behalf of J. Kelly Kennedy, Attorney/CPA, PLLC, which has been acquired by Rignanese & Associates, PLLC

Source: News 14, "Family of Ernie Banks will contest his will," Randy Moore, Feb. 17, 2015