my dead beat dad died recently and left everything to his new wife. contest the will and succeed?

Question

my mom and dad had 4 kids. they divorced and he never paid court ordered support or alimony. never showed he cared for any of us. looked into taking him to court for the back support a couple of yrs b4 he died: statute of limitations. so no go. died and left everything to his wife of only a year or so. so now, legal docs have to be sent to us from Calif., and rub our faces in it. can will be contested sucessfully and is it costly? we never had him and all turned out just fine without a father and certainly don't need what he has left on this earth. but this thing bothers us and we wonder if is possible.. And what specifically is a trust, as in taking about a will. honest responses, please. thank you.

Answer 1

I would at least talk to a laywer to see what can be done. If that lawyer can't help you then ask him/her if they could recommend someone who might be able to. I see absolutely no reason why you can't fight this, and if you can prove that he never paid court ordered alimony then it should be an open and shut case in your favor. Good luck.

Answer 2

I'm not sure who led you to believe that the statute of limitations ran on child support. Below is a link that indicates there is no statute of limitations until satisfied. You should not file a will contest but a claim against the estate. You should contact an attorney because there is a time limit for filing claims once notice is given.

A trust is a device used by some to avoid probating a will. Probate is a process that exists to administer someones will and a trust merely avoids that process, however, it does NOT avoid valid claims against the estate or the trust.

Good luck

Answer 3

I am so sorry this has happened to you.
Only an attorney can answer your questions.
I know people that this happened to and fighting is difficult. It is amazing what money does to people. I would recommend to stand back and wash your hands of this. But, only you guys can figure this out. Don't let your dead beat dad define you guys. We are more than the sum of our parents.

I have a feeling that your mother would have file for lack of child support. Not sure the kids have the legal right to do so. If your mom needs the money it might be worth it, if there is a huge chunk of money. Otherwise the legal fees arn't worth it unless there is a very big amount of money.

Answer 4

First of all I'm very sorry for your struggles. I have nothing but respect for your mom it is so hard to raise and support kids on your own. I have a two year old whos father is a dead beat. Now i dont know what the laws in his state or yours are but I know here in louisiana there is a law on the books that says any children born have an equal right to an equal share in the estate. One of my friends was disowned by her parents and they wrote her out of their will when they had both passed she got a lawyer and sued the surviving heirs for an equal share and won. I dont know if there is a law where he lived that will help you but I suggest you get a lawyer and start the ball rolling that way. In my opinion you have a right to atleast a portion of the inheritance. Who knows maybe the threat of suit will make his new wife settle out of fear of losing every thing. If she was a decent person shed offer you something anyway but lets face it some women have no compassion for kids struggling and no sence of responsibility. They feel nothing but jealousy and greed, I'm sorry she seems to be one of those. Good luck, god willing everything will work out the right way.

Answer 5

A lot depends on the laws of the state. If court proceedings began before he died then the legal process can continue. Click on the state's website and then click on department of justice or legal affairs. If your mother agreed to the divorce, then again it depends on the laws of the state. Investigate it through the proper legal channels.
Boaz.

Answer 6

Getting your fathers things or money will not replace him in your life.

It will not magically put him in your little league photos, It won't make him show up at your Christmas Play at school, your Birthday parties, your wedding or the birth of your first child.

I can see that your Mother is a wonderful person to raise your siblings and yourself all by herself with NO help at all.

Start the healing. Let it drop. Hug and thank your Momma.

Just my opinion and opinions are like @$$ Holes, everyone has one and most of them STINK!

Answer 7

you wont suceed at anything except to make you and your family more miserable. he knew he had children..and if he did not take care of you when he was alive... why would you expect something after he died. move on with your lives... and enjoy..living with those who truly love you. your fathers lack of concern is no reflection on you... it is a negative testimony about the kind of guy he was. hold your head up high... and forget about the money and his widow. learn from this by being the best parent you can be when the time comes.

Answer 8

The lawyers are the only one who will make out. If there is no will or you are just not in a will, you will have to fight for your rights in the probate court where he resided. The chances that you will get anything are slim. I would just move on if I were you.

Answer 9

Let it go. Don't do this to his wife; she has nothing to do with it and probably doesn't even realize he was supposed to pay anything (some wives don't even want the support and so they allow their ex to get on with his life). Do you really want to ruin her life to get your revenge? Besides the money shouldn't have gone to you anyway but to your mother, and she did just fine without it. So don't be selfish here.

Answer 10

It's costly to contest a will. And if California laws are like most states then when he dies his current spouse gets everything if no will was left.
I am sorry about your loss.