Threatened

[chai1836]

What is the name of your state? Kansas

My g-father listed in his will that if someone marries someone who converts they must convert in an Orthodox synagogue, if not then they are removed from the will. My father says that cannot be changed but we have decided to convert her through the Orthodox synagogue. The problem is my father just doesn't like her and is looking for any way he can to make my life miserable. Do I have legal recourse if they try to cut me out of the will unjustly? Can I get an attorney to obtain a copy of the will for me to view and give me advice?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Kansas

My g-father listed in his will that if someone marries someone who converts they must convert in an Orthodox synagogue, if not then they are removed from the will. My father says that cannot be changed but we have decided to convert her through the Orthodox synagogue. The problem is my father just doesn't like her and is looking for any way he can to make my life miserable. Do I have legal recourse if they try to cut me out of the will unjustly? Can I get an attorney to obtain a copy of the will for me to view and give me advice?

My response:

You need to understand two (of many) basic tenets about Wills.

First, anyone of sound mind can make a Will and, if nothing in it is illegal, can write anything they want - - with whatever instructions, directions, needs, wants, or provisions they want.

Second, a bequest in a Will is a "gift". No one who makes a Will is legally required to name and give anything to anyone. It is perfectly legal to add or subtract anyone in your Will, or to expand or limit any gift you might give upon your death.

Nothing in his Will, according to your post, is illegal. If he want her to be "orthodox" in order to obtain a bequest ("gift") to you, then so be it. He can't force you to live your life the way he wants, unless money is your guide and motivation. If that's the case, then G-Father has you "by the short hairs."

So, in summary, unless your grandfather writes it, you're not entitled to anything. And, if he writes you into his Will, and you don't follow his instructions in the Will, you won't get anything. You can't "force" someone to include or exclude an heir or a gift to that heir.

And no, you're not entitled to obtain a Will prior to the Testator's death. That Will, like any other papers or personal property, belongs to the person that owns those papers or things. It's as if you're saying, "Do I have a right to go into G-Father's house and take his television?" No, of course not.

Good luck.

IAAL

 

[I AM ALWAYS LIABLE]

My further response:

To bring this point closer to home, if you want to see what can actually happen in your fact situation, then I suggest that you see the movie "Arthur." While it's a funny movie, the gist was that if Arthur refused to marry the woman his family had picked for him ("Susan"), then Arthur would be cut out of his G-mother's Will.

In the end, the 250 million dollars didn't matter to Arthur, and he married his "true love" - - and became penniless in the bargain.

Rent the movie if you haven't seen it.

IAAL

 

[chai1836]

Explanation

I forgot to mention that he is deceased. Money is not my motivator and I continued to tell my family that. I make a good living as a software developer so I am not hurting for money. The issue has now become personal because my family is holding this money over my head by saying "Do what we say or you won't get this." It has come to the point now where he is hiding behind what is in the will because he thinks that will make me leave her (because he doesn't like her). The money is not important to me it is the principal that if they are going to threaten me with being removed from the family...I will instinctively do all I can to make sure that I come out the winner in the long run. So since he is deceased can I obtain a copy of the will? Believe me, my family has put me through hell over this and this decision did not come easily.

 

[gowest]

IAAL...

Great response and further response. Easy to grasp... straightforward... and even thought provoking!

 

[I AM ALWAYS LIABLE]

Re: Explanation

I forgot to mention that he is deceased. Money is not my motivator and I continued to tell my family that. I make a good living as a software developer so I am not hurting for money. The issue has now become personal because my family is holding this money over my head by saying "Do what we say or you won't get this." It has come to the point now where he is hiding behind what is in the will because he thinks that will make me leave her (because he doesn't like her). The money is not important to me it is the principal that if they are going to threaten me with being removed from the family...I will instinctively do all I can to make sure that I come out the winner in the long run. So since he is deceased can I obtain a copy of the will? Believe me, my family has put me through hell over this and this decision did not come easily.

My response:

This was a pretty big "Ooops, I forgot to mention this." It changes everything. Therefore, since you are "monied", I would suggest that you obtain a consultation with a Probate attorney.

IAAL