Father's Will Changed

[Tink11464]

What is the name of your state (only U.S. law)? PA

My parents divorced in 1972 when I was 8. My father cheated on and divorced my mother while she was pregnant with their 4th child. He married the woman he cheated with. She had 3 of her own children and they then had 1 child together.
My father had been in and out of our lives until 15 yrs ago when after wife #2 died he married wife #3 who was local to where we (his first family) live.
Over the years as he got sicker he told us about his will. Who was in it and how things were to be distributed. He himself has 3 living sisters who became very controlling over him (even causing the 3rd marriage to end in divorce - but dad and ex wife remained living together until the end).
6 months before he passed his one sister took him to change his will leaving everything to the daughter from marriage #2. All money, property, vehicles, belongings.
Is it unreasonable or impossible to contest this will? Thank you.

 

[justalayman]

Unless you have a basis to contest the will, attempting to do so will be an expensive effort in futility. What basis do you believe you may have to contest the will?

 

[FlyingRon]

Your father was free to change his will at any time and disown any children or other relatives he chooses. About the only way to contest this is to proove that:

1. He didn't actually change the will.
2. He was not competent when he executed the changes.
3. Some other fraud or undue influence has occurred.

Any prior wills or verbal statements are meaningless with a properly executed later will. On it's face, leaving it to the child of his (still endeared) ex sounds like an excellent solution given the greedy attitudes of his other relatives.

 

[Tink11464]

Thank you justalayman. And flyingron u fortunately you don't know everything. We are far from greedy. We have never asked for nor received anything in 45 yrs from our father. We loved him for who he was. Sadly the day he passed we also lost a nephew - on Mother's Day. It isn't even so much financial as we would like something from his estate as a momento. Could be anything. People come here for advice from professionals who no more than the average lay person. Not to be called names or judged.

 

[justalayman]

Thank you justalayman. And flyingron u fortunately you don't know everything. We are far from greedy. We have never asked for nor received anything in 45 yrs from our father. We loved him for who he was. Sadly the day he passed we also lost a nephew - on Mother's Day. It isn't even so much financial as we would like something from his estate as a momento. Could be anything. People come here for advice from professionals who no more than the average lay person. Not to be called names or judged.

I understand your desire to have a memento of your father. While not legally obligated to give you anything the will does not direct be given to you, you can always ask the recipient of his assets to gift you something.



not necessarily defending ron (he really is a good guy and very knowledgeable) but most people that ask questions such as you have are asking because they want money. I know I tend to become jaded at times and my responses are colored by that. Maybe ron is having a bad day. Maybe the situation struck a nerve as it is similar to a situation he has experienced. Maybe he really is just being an insensitive old coot. I don't really know. The rest of his post was spot on though so I suggest you take what is valuable and ignore the rest if not applicable.

 

[Tink11464]

I understand your desire to have a memento of your father. While not legally obligated to give you anything the will does not direct be given to you, you can always ask the recipient of his assets to gift you something.



not necessarily defending ron (he really is a good guy and very knowledgeable) but most people that ask questions such as you have are asking because they want money. I know I tend to become jaded at times and my responses are colored by that. Maybe ron is having a bad day. Maybe the situation struck a nerve as it is similar to a situation he has experienced. Maybe he really is just being an insensitive old coot. I don't really know. The rest of his post was spot on though so I suggest you take what is valuable and ignore the rest if not applicable.

I understand. And thank you both. It has been a tough 2 months and like I said its not so much the money as I think it was the shock that for so long dad said what will was then when his illness got worse it changed. I do plan on asking directly but I thought I'd check this site as its always been a great resource when it came to anything legal. Have a nice day.

 

[FlyingRon]

I wasn't necessarily referring to you but rather your "controlling" sisters.