Mr. Johnson and his wife were married in 1960 and subsequently had three children. In 1999, Mrs. Johnson passed away, with no will. She was 62 years old at the time and Mr. Johnson was 72. In 2001, Mr. Johnson married Betty Smith. The following year, Mr. Johnson suddenly became ill and his mental condition rapidly deteriorated. He was in and out of the hospital for about a year, suffering from a stroke at one point, which left him incapable of clear speech. At various times he did not recognize his family members and spoke to his long-deceased parents. When Mr. Johnson passed away in 2005, his widow, the former Betty Smith, produced a will executed in that same year leaving everything to her and nothing to any of the three Johnson children. The Johnson children are very upset at this development. They believe that Ms. Smith took advantage of their ailing father and he was not of sound mind to have executed a will in 2005. Analyze this scenario, consider all issues presented, and address the following:

1.Describe what the Johnson children would have to do in order to bring a lawsuit.

2.Describe what factors and evidence would a judge consider.

3.Assess and explain whether they are likely to be successful at having the will set aside.