• 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.

Is this possible grounds for contesting a 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.

Hunterman

Junior Member
What is the name of your state (only U.S. law)? MN

I had a parent recently pass away. He had inoperable cancer throughout his body and voluntarily quit all treatment a few months ago. The last few months of his life were spent controlling his pain, which included huge doses of morphine and other medications.

My siblings live near him and I don't. Unfortunately, this meant that they provided almost all of his care and I was only able to provide a little help.

Today I received a copy of the will. The will is dated June 22 of this year. By that date dad was under hospice care, but he was still living at home. Sometimes he would be completely aware of what was going on and could communicate clearly. At other times the medication he was on made him unclear and not mentally "with it".

The will states that I am to receive a small amount of money and my siblings are to get all of the land, the house and all other possessions. Obviously, I was expecting an equal share with my siblings.

As much as I hate to say it, I don't trust the will at all. Between my dad's mental state the last few months and the control of my siblings on his life, this will seems unusual. I always got along just fine with my dad and we never had any sort of argument.

I know this isn't very detailed information, but I am wondering if there could possibly be enough here to contest the will. Any advice would be appreciated.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? MN

I had a parent recently pass away. He had inoperable cancer throughout his body and voluntarily quit all treatment a few months ago. The last few months of his life were spent controlling his pain, which included huge doses of morphine and other medications.

My siblings live near him and I don't. Unfortunately, this meant that they provided almost all of his care and I was only able to provide a little help.

Today I received a copy of the will. The will is dated June 22 of this year. By that date dad was under hospice care, but he was still living at home. Sometimes he would be completely aware of what was going on and could communicate clearly. At other times the medication he was on made him unclear and not mentally "with it".

The will states that I am to receive a small amount of money and my siblings are to get all of the land, the house and all other possessions. Obviously, I was expecting an equal share with my siblings.

As much as I hate to say it, I don't trust the will at all. Between my dad's mental state the last few months and the control of my siblings on his life, this will seems unusual. I always got along just fine with my dad and we never had any sort of argument.

I know this isn't very detailed information, but I am wondering if there could possibly be enough here to contest the will. Any advice would be appreciated.
Unless the estate is a fairly large one, the cost of contesting the will could be greater than what you would receive if you all got equal shares. It is really a very personal decision as to whether or not to contest a will. Doing so irreparably damages family relationships and can be expensive and can result in nothing.

At the same time, if you know that the will was fraudulently done, under the influence of your siblings, then letting them get away with it could be wrong as well.
 

Dandy Don

Senior Member
How many people witnessed the will and were they friends/acquaintances of the decedent?

Did your father manage his own finances/pay his own bills or was someone else doing that for him?

Take your copy of the will to at least 2 probate attorneys to have it evaluated to see what their opinion is about whether a will contest should happen.
 

curb

Junior Member
When you ask your siblings about this, what did they say? There was probably a pretty good chance they were in the room when this will was made. Was there a previous will?

How long was your father ill? There could be some legitimate reasons that they should receive more of his assets because they put in considerably more time and effort (it is a very difficult job) than you. You most likely will need documentation from his doctor explaining his state of mind on June 22. Can you get this?
 
Want More Info? You'll find Free info here!
Visit www.FreeAdvice.com for more!

Sponsored Ad

Top