Of sound mind??

Uncle suddenly fell ill at age 73.  Was diagnosed and had about 10 days before death.  He did not want to write a will.  Brother was isolating him and pressuring him to write and sign a will.  Uncles' two best friends witnessed the signature that was 5 days before Uncles' death.  Besides for some woodworking tools left to me, my brother receieved the entire estate, approx $500,000.  Was my Uncle really of sound mind when under the duress of dying?  His pain was intense and he was taking Prescription pain medication. 

Pj042893:

Was my Uncle really of sound mind when under the duress of dying?

While the legal threshold of "sound mind" and "duress" is rather low, that doesn't pass the smell test.

For $500,000 at stake I strongly suggest that you consult a probate attorney and review your options. Do it quickly before the money conveniently disappears.

Pj042893:

Uncle suddenly fell ill at age 73.  Was diagnosed and had about 10 days before death. 

Fell ill with what? Many illnesses have no effect whatsoever on brain function. If you want to make a claim of incompetence, you have to prove his mind was so affected that he lacked the ability to execute a will. The standard for competence is state law, and you didn't mention the state. But in general, the standard for competence is very low. Typically all that is required is knowing who your immediate heirs are, what property you have, and that you are executing a document to dispose of your property at death. In order to prove incompetence, you'd likely need expert medical testimony as to his mental state when he executed the will. It is not an easy challenge to make.

Pj042893:

Brother was isolating him and pressuring him to write and sign a will.  

That raises a possible issue of undue influence. It is not "duress." Duress in legal terms means some form of illegal pressure is applied to make him execute the will, e.g. putting a gun to his head and threatening to pull the trigger if he didn't sign. But the details of the pressure applied are extremely important. It is not a problem for folks to encourage others to leave them stuff in a wil. It happens all the time. It only becomes a problem when the pressure applied is so great that it overcomes the testator's own will and leads the testator to make a will he otherwise would not have made. Again, this is not an easy challenge to make.

You'll have to consult a probate attorney in the state where your uncle resided to see if you might have a decent shot at a will challenge and what that will cost you.

Uncle developed lung cancer that had spread to his liver.  In the past, he spoke as if he had a will.  Then when he is on his deathbed, he doesn't even want to write one.  Said he didn't owe anybody anything.  I know my brother was a huge influence on my uncles' finally signing something that somebody else typed.  After uncles' death, when I learned that my brother was left everything, my brother says "I'll take care of you after the house sells" I have not asked many questions.  I don't want to make him mad   But I know it was all done very sneaky.

But again, unless you can prove brother used undue influence over uncle to induce the will or that uncle was royally out of it mentally to point that he did not recognize members of his family , friends or didn't know he was executing a will --I think you may be up a creek--absent finding some other fatal flaw. .

For starters--what do the two witnesses have to say--and did they personally witness him signing the will ?

Pj042893:

Uncle developed lung cancer that had spread to his liver.

Lung and liver cancer would not, in themselves, make him incompetent to execute a will. The meds he was on for any paid MIGHT have made him incompetent, but all the uncle needed even then was some period of time when your uncle was off the drugs enough to be competent to have the will properly executed.

Pj042893:

I know my brother was a huge influence on my uncles' finally signing something that somebody else typed.

The problem there is proving UNDUE influence.

You really need to see a probate attorney to sort out if you have any options here.

The standard of a sound mind to execute a will is likely not what you think it is--most states its very very low --the maker need only recognize the object of his affection and know he is making a will --in short very low--details vary by state--but are low just about everywhere.

And if the two witnesses actually saw him sign it ( a mandatory step I strongly suggest you check out) and they say he was sort of lucid that  hour --that may clinch it.

Who prepared the docuement? If brother paid for it via brothers lawyer with NO input from decadent to lawyer and brother sat there next to Uncles bed until he signed it --well--go discuss your options with skilled counsel. You might be able to threaten a serious fight and jawbone a compromise settlement.

My wife called and spoke with one of the witnesses.  The two witnesses were my uncles' best friend and his wife.  They apparently typed up the will and had uncle sign it.  She had told me that if uncle hadn't signed that nobody would be getting anything.  Uncles' estate would have gone to his two half sisters'.  Acutally, the two half sisters would have gotten 1/3 each, and my brother and I would have shared 1/2of 1/3.  Witness stated "let's just hope brother does the right thing.". I don't want to miss my opportunity to dispute while estate is still in probate.  But I do know that no one, including uncle, would want half sisters to inherit anything.  But then again, brother has not offered anything to me yet.

Pj042893:

But then again, brother has not offered anything to me yet.

I'm guessing that you will have to institute litigation before you'll get offered anything.

Thieves don't respond to  coaxing or threats.

They respond to action, when their wallets are at stake.

Laymans guess:

Well so far you seem to be describing a valid will and valid witnesses and a clear donative intent at least as to whom to excluse and at least one nephew to include .

I think you have some jawbone power to ask brother to settle with you for 1/6th but so far you haven't got a solid legal lever.  In a sense he kept the estate from going where Uncle did not want it to go. If the will were tossed you'd be in line for 1/6  His risk is if you get will tossed he loses 5/6 --but again, as a layman I don't see anything posted that seems fatal to the will --I think its more about your powers of jawbone with brother.

His best friend /wife would need to testify say that will was prepared without input from decedant and at the time decedant signed it he was so out of it as to not recognize then or anybody or even know he was signing a will or that brother was standing there telling him to sign some order for TV service  --or something along those lines.

Well, I know that I will not pursue this matter via the legal route.  My bro and I are in our early 50's.  We lost our Dad at age 9 & 10.  Dad and uncle were brothers.  So my bro thinks he was closer to Uncle because they had lots in common.  I have always been the quiet one.  Brothers fam always had uncle at most holidays.  I have significantly disabled son, therefore family get togethers are not always easy.  I can't reason with brother, I think he and his wife have really justified to themselves that they deserved everything...even though will was written and signed 5 days before death.  I am uncertain about what to do.  I had told a friend I didn't want to sever relationship with my bro, but friend said sound like bro is already doing that.  I just am not sure about what to do.  Thanks for the help.

Unfortunately it reads as if you don't do a serious war dance you will be ultra unlikley to shake anything off the tree.

Now a serious war dance might be to tell him you are going to round up the step sesters to contest it so they get a slice unless he settle in writing with your for a full 1/6 share or MORE --and go do it if necessary. . .

That would just really make him mad.  I think the will is invalid.  But I would really have a hard time proving this.  From other info I have read will contests are costly and very rarely won.  But the longer this goes on....I just think I want to wait it out and see if he keeps his word.

I think you have a high risk strategy to wait--in short if you wait out the statute he wins and there is zero fear of a contest and zero leverage to settle.

A contest I think in WA must be filed rather promptly , like 4 months after probate begins --so if you want to  shake the tree you sort of need to sort out  shaking it before the door closes otherwise he should know you are powerless.

I'm sure many an heir has bartered for money from executor to go away and not start a bigger fuss and you might be able to pull such off even with very weak cards  if you do so promptly.

Brother might not want to risk having 2 very annoyed half sisters file a contest inside the time frame because you coached them and joined them.

This is perhaps 98% a poker play----do not deal yourself out by snoozing...if you care that is. ..

I have about one month of probate left.  Brother has been quiet about all of this process...kind of a red flag.  The only reason I know the house is pending sale is because my wife looked up the listing and it showed that it was pending.  I casually asked brother what was happening with Uncles' house....he said they had a low ball offer...but agent is trying to get more $$.  Again, if I start inquiring too much, I think it will make brother mad.  We are the only family we have left.  I recently had brother build my house on the property we grew up on.  He owns the 10 acres next to my 10.  He currently does not live on the property.  He lives about 7 miles away from me now.  But just another thing as to why I do not want too much conflict....we need to get along...we always have gotten along okay, we were in consruction business together, self-employed for 20 years...but have somewhat fought about $$  because he is a money grubber...I went to work for a company due to my son having special needs...I needed stable employment with benefits.  He is still trying to get rich.  When my wife called Uncles best buddy (witness to signature) his wife said that Uncle would have never wanted any hurt feelings...almost sounded as if Uncle expected my brother to share....in fact the will states in the first sentence "he is free to make fair distribution of my assets as he sees fit, with the following exceptions"...and then it reads as though everything is left to brother....I think that is because everything needed to beaccounted for.  I just do not know what to do...possibly end my relationship with brother...or have sore feelings forever?????  What should I do????  Need advice!