The normal method for a successful challenge is to claim that the elderly person did not have the mental capacity to get married. Just as a will requires mental competence to be valid, so does a marriage.

While courts are often sympathetic to those seeking to challenge these types of marriages, it is still difficult to provide the necessary evidence to win.

The expertise of an estate planning attorney can be helpful in such cases.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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