Contesting a Will

[katieg376]

What is the name of your state? New Jersey

Mom changed her will in May 2004. She is currently being sued by sister #2. There is a restraining order between Mom and sister #2 and her kids. When Mom changed her will she left sister #2 a sum of money. She left the rest of her estate (house, money, etc) to sister #1 and myself. Mom offered to sell her home to me (below market value) and commented she will change her will to read that her new home will go to sister #1. I was told to be cautious that sister #2 can contest Mom's will and the sale of the house. What would happen if she contested, and can we show the lawsuit as an example of the heartache sister #2 caused Mom.

Thanks,

 

[howamidoing]

What is the name of your state? New Jersey

Mom changed her will in May 2004. She is currently being sued by sister #2. There is a restraining order between Mom and sister #2 and her kids. When Mom changed her will she left sister #2 a sum of money. She left the rest of her estate (house, money, etc) to sister #1 and myself. Mom offered to sell her home to me (below market value) and commented she will change her will to read that her new home will go to sister #1. I was told to be cautious that sister #2 can contest Mom's will and the sale of the house. What would happen if she contested, and can we show the lawsuit as an example of the heartache sister #2 caused Mom.

Thanks,

Can you clarify a little more. I was totally lost. What does your Mother's will have to do with sister number 2? You cannot contest a will until the person is deceased. The will is not in effect until then. Without a judgement against your mother, sister number 2 has no right to say she can or cannnot sell the home, unless she is part owner, etc.I'm not sure what you are asking.

 

[Dandy Don]

Yes, sister CAN contest anything but that doesn't mean she has a legal leg to stand on, and she doesn't and will lose. Mom has the right to make her will any way she wants to--and she should make sure that an attorney reviews it to make sure the language is correct so that no unintended consequences or omissions will thwart her true intent.

Are you implying that mom wants to completely disinherit sister #2 so that she receives nothing or will sister #2 still be getting some money?

DANDY DON IN OKLAHOMA ([email protected])

 

[katieg376]

Mom is planning on leaving sister #2 40K. Mom's will states the rest of the estate is split between sister #1 and myself. My question is: If Mom sells the house to my spouse and I now below market value, when Mom passes can sister #2 contest the will and the sale of the house? And if she can will the court take into consideration the stress sister #2 caused (i.e court cases, restraining order, and distancing Mom's grandchildren).

 

[howamidoing]

Yes, sister CAN contest anything but that doesn't mean she has a legal leg to stand on, and she doesn't and will lose. Mom has the right to make her will any way she wants to--and she should make sure that an attorney reviews it to make sure the language is correct so that no unintended consequences or omissions will thwart her true intent.

Are you implying that mom wants to completely disinherit sister #2 so that she receives nothing or will sister #2 still be getting some money?

DANDY DON IN OKLAHOMA ([email protected])

She would need to have grounds to contest the will. OP has not given any proof of that. You do not have to leave your sister anything in a will. She should be lucky she is getting anything. Either way she cannot do this until testatrix deceases. If she wants to disinherit her sister she has every right. Her property is her property. OP tell your mother to add an In Terrorem clause which would threaten her ,as a beneficiary, losing her inheritance if she contests the will. Simple as that.
OK I'm confused. Is this your sister or her sister.
If its your sister, her daughter, she can still disinherit her, leaving her a pretermitted child. She has a right to disinherit her child. Regarding the selling of the home. It is her home. If she wants to sell it to you for a buck she can, it is her home. What can the sister do after the house is sold? She has no right to it, your Mother is still living. If indeed the Mother wants to disinherit her child she should add a disinheritance clause....stating something like....I have, except as otherwise provided in this will, intentionally and with full knowledge, omitted to provide for my heirs who may have be living at the time of my death, including any person who may become heir by reason of marriage or otherwise after the date of the execution of this will...yada yada yada. That way sister cannot say that in Mom's feebleness she "forgot" to mention her. Otherwise she can use the other clause I specified. Hope I helped.

 

[BlondiePB]

I agree that the mother can leave what she wants to whom in the will that must be done correctly. Since bad sister is sueing the mother, the bad sister can have a valid claim against the mother and/or the mother's estate should bad sister win the lawsuit.

 

[howamidoing]

I agree that the mother can leave what she wants to whom in the will that must be done correctly. Since bad sister is sueing the mother, the bad sister can have a valid claim against the mother and/or the mother's estate should bad sister win the lawsuit.

Like I said before only a judgement would give her a claim against the estate. If she otherwise contests it she could stand to lose her 40k that will be left to her, if the mother uses the in terrorem clause. Sister should take what she gets and leave it alone.

 

[BlondiePB]

Like I said before only a judgement would give her a claim against the estate. If she otherwise contests it she could stand to lose her 40k that will be left to her, if the mother uses the in terrorem clause. Sister should take what she gets and leave it alone.

I did see that in your first reply, howamidoing. The replies afterwards, even the posters, ignored the fact of the lawsuit and a judgement. Furthermore, the poster also mentioned the mother selling/transferring the house. That would not be a good idea (fraud) should the transaction be due to the lawsuit. There is obviously a lot more going on with this situation and the squibblings.

 

[Dandy Don]

As far as selling the house goes, mom can do that if she wants to--someone else will have to answer the question about whether a sale below market value is legal.

Stress caused by a lawsuit is just part of life and is no grounds for influencing any future actions, not even contesting the will. And to avoid even the possibility of having the will contested, mom should have a clause put into the will disinheriting anyone who contests.

 

[howamidoing]

As far as selling the house goes, mom can do that if she wants to--someone else will have to answer the question about whether a sale below market value is legal.

Stress caused by a lawsuit is just part of life and is no grounds for influencing any future actions, not even contesting the will. And to avoid even the possibility of having the will contested, mom should have a clause put into the will disinheriting anyone who contests.

I said that... in terrorem clause.