Contesting a will

[kstarfire212]

Washington

What kind of proof is required to contest a will?

My dad got married 4 months ago, and changed his will 2 months ago to disinherit his 5 kids and 13 grandkids. He gave everything to the new wife. He had a heart attack 5 days after changing the will and was randomly shot in the head and killed last week on his way home. He told the rest of my siblings to keep it a secret from me so I was not aware of this will change until now. They were suprisingly not upset about it but the majority of them are quite wealthy. I was getting the bulk of the $2m estate before this change....

He has acted very irratically for the past year. He was apparently head over heels in love with this lady. They saw a therapist to make sure the relationship was going to work out. He went to AA meetings with her to help her recover from being an alcoholic. They split up a few times before getting married. Apparently, he couldnt bare to be without her so he really wanted to marry her. He ended up paying off her $150k mortgage just before they got married. This from a guy who complained about his electric bill or just paying for dinner...

Then they went on a trip to hawaii where he bought a timeshare. They also booked a cruise for later this year. He was spending money rather wildly it seems. He was alone for the 6 years prior to this relationship.

This woman seems like the opposite of my mom(who is deceased) so I dont quite understand how it worked out so well. I have never met her, they were supposed to come for a family reunion this week...

He was 76 and the new woman is 70.

She says she didnt want the will to be changed.

 

[PayrollHRGuy]

What kind of proof is required to contest a will?

Massively more than anything you have mentioned above.

 

[Eekamouse]

Washington

What kind of proof is required to contest a will?

My dad got married 4 months ago, and changed his will 2 months ago to disinherit his 5 kids and 13 grandkids. He gave everything to the new wife. He had a heart attack 5 days after changing the will and was randomly shot in the head and killed last week on his way home. He told the rest of my siblings to keep it a secret from me so I was not aware of this will change until now. They were suprisingly not upset about it but the majority of them are quite wealthy. I was getting the bulk of the $2m estate before this change....

He has acted very irratically for the past year. He was apparently head over heels in love with this lady. They saw a therapist to make sure the relationship was going to work out. He went to AA meetings with her to help her recover from being an alcoholic. They split up a few times before getting married. Apparently, he couldnt bare to be without her so he really wanted to marry her. He ended up paying off her $150k mortgage just before they got married. This from a guy who complained about his electric bill or just paying for dinner...

Then they went on a trip to hawaii where he bought a timeshare. They also booked a cruise for later this year. He was spending money rather wildly it seems. He was alone for the 6 years prior to this relationship.

This woman seems like the opposite of my mom(who is deceased) so I dont quite understand how it worked out so well. I have never met her, they were supposed to come for a family reunion this week...

He was 76 and the new woman is 70.

She says she didnt want the will to be changed.

He caould leave his estate to anyone he wanted. It didn't have to be you. I guess you're finding that out now. You weren't close to him, were you? You hadn't even met his new wife.

 

[kstarfire212]

He stays in seattle in the summer and florida in the winter. I am in florida. He decided not to come to florida this
year due to getting married and I think she didnt want to go to florida. So I havent seen him since he left last may.
When he is here, I saw him every so often.

 

[commentator]

From a distance, you were not in a position to determine if he was acting erratically this last year. And that he had discussed the whole issue with your siblings and told them what he was doing and none of them had a problem with it indicates that you would have absolutely no chance of persuading a court that he was mentally incompetent and that someone was exerting undue influence over a person who wasn't able to make his own good decisions. So I'd guess that legally his new wife gets it, and you guys do not because it sounds like that was the way he wanted it.

 

[PayrollHRGuy]

If my new wife (or the one I've had for 30 something years) didn't want to go literally all the way across the country every year I would probably stop as well. And I have no mental problems. At least that anyone could prove.

I understand you're bummed over losing a lot of money you thought you had coming, but NOTHING you have written is evidence that your dad wasn't completely capable of making the decision to change his will.

 

[not2cleverRed]

https://forum.freeadvice.com/threads/wrongful-death-suit.654103/#post-3628715

Unless you can argue diminished capacity, you have nothing.

And, if you knew he had diminished capacity, then he should not have been driving.

And forget suing his murderer.

 

[PayrollHRGuy]

Wow, I didn't make the connection between the two threads.

 

[kstarfire212]

I think my one sister in seattle is the only one that actually discussed it with him in person. My other siblings merely received an email about it and did nothing. The rest of us are located all over the country, my sister is the only one local. I have lost out on $600k with this change so its rather significant. Plus, I lost my father as well, so its a double shock...

 

[Zigner]

I think my one sister in seattle is the only one that actually discussed it with him in person. My other siblings merely received an email about it and did nothing. The rest of us are located all over the country, my sister is the only one local. I have lost out on $600k with this change so its rather significant. Plus, I lost my father as well, so its a double shock...

Interesting how the money is first and dad is a distant second...

 

[not2cleverRed]

I think my one sister in seattle is the only one that actually discussed it with him in person. My other siblings merely received an email about it and did nothing. The rest of us are located all over the country, my sister is the only one local. I have lost out on $600k with this change so its rather significant. Plus, I lost my father as well, so its a double shock...

This is why they say, "Don't count your chickens before they hatch."

I get it. Really, I do. But ultimately, the money was not yours, and he was free to do with it as he pleased.

Your father led a very productive life, and many people had very positive things to say about him. He was regarded as a good man. Take solace in that.

 

[Just Blue]

I think my one sister in seattle is the only one that actually discussed it with him in person. My other siblings merely received an email about it and did nothing. The rest of us are located all over the country, my sister is the only one local. I have lost out on $600k with this change so its rather significant. Plus, I lost my father as well, so its a double shock...

I just don't know what to say to that....wow.

 

[PayrollHRGuy]

I think my one sister in seattle is the only one that actually discussed it with him in person. My other siblings merely received an email about it and did nothing. The rest of us are located all over the country, my sister is the only one local. I have lost out on $600k with this change so its rather significant. Plus, I lost my father as well, so its a double shock...

While I have pretty much all empathy for you on this, I do have to ask...

Does your sister that was there and actually talking to your piggy bank, I mean father think he was of diminished capacity?

 

[Just Blue]

While I have pretty much all empathy for you on this, I do have to ask...

Does your sister that was there and actually talking to your piggy bank, I mean father think he was of diminished capacity?

Excellent question and well stated.

 

[kstarfire212]

Am I allowed to be upset with my dad for disinheriting the entire family that he has been apart of for 50+ years?

How would you feel if your dad did that to your family?