• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

beneficiary in will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

steelersfan03

Junior Member
What is the name of your state (only U.S. law)? WV. My father made me his sole beneficiary in his will. If I would die before he does everything would go to my two sisters. My aunt said that unless my dad leaves my sisters at least one dollar they can contest the will. Is this true?
 
Last edited:


What is the name of your state (only U.S. law)? WV. My father made me his sole beneficiary in his will. If I would die before he does everything would go to my two sisters. My aunt said that unless my dad leaves my sisters at least one dollar they can contest the will. Is this true?
The will can be contested regardless; however, an "in terrorem" (no contest) clause can be included in the will stating that if anyone challenges the will in court that person shall receive nothing from the estate. (No contest clause is enforceable, unless contest brought with probabilis causa litigandi (in good faith and with probable cause). Dutterer v. Logan, 103 W.Va. 216, 137 S.E. 1 (1927))

Let me add as someone who has spent the past year taking classes at the local university in an attempt to pass the state notary exam (Louisiana notaries can do most of what attorneys do in the other states), a will .. and family estate planning in general .. is NOT a do it yourself project. Find an attorney, preferably one who speciallises in estate planning.
 
Last edited:

anteater

Senior Member
It isn't whether he leaves them some amount or not. The genesis of the $1 (or $10 or whatever) thing is to show that the person making the will was not simply overlooking those who would be considered the "natural objects of one's bounty" - like one's kids.

The point is that the will should at least acknowledge those who would be expected to inherit. Some explanation of why any of those expected to inherit are not would be good, but isn't absolutely required.
 

steelersfan03

Junior Member
The will was prepared by an attorney. Bòth my sisters are mentioned by name where the will states that if I die before he does they will inherit everything which will be divided equally. They both are aware of what his will states and seem ok with it. However one sister thrives on drama and causing problems which she will probably do once my dad is gone. He explained to them that he did this because I have taken care of him for the past three years.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top