2006-11-19 04:24:46 · 12 answers · asked by Jerolyn 1 in Politics & Government ➔ Law & Ethics
as blood relatives, yes.
2006-11-19 04:25:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If your father made a will that left everything to his existing legal wife, you're out of luck. Just the fact that you are his children doesn't cut it, if he has made his wishes clearly and specifically known. There may be some variations in the laws from State to State, but as long as the person who made the will, did so properly, and at a time when he was unquestionably of sound mind, an individual's last will and testament is pretty hard to break. After all, why should a person not be entitled to the right to leave his possessions, including money, to anybody he so wishes?
Now, if a person dies intestate (having left no will) then the whole thing would have to go to court, where it will be decided who gets what. That is why anybody , especially anyone with a significant amount of money, should not neglect to prepare a Will in very clear and specific terms, so there can be no chance of that kind of ugly squabbling and in-fighting among the family, as they claw and battle to grab whatever they can from the estate of the person they supposedly "loved" in life.
2006-11-19 12:49:12 · answer #2 · answered by sharmel 6 · 0⤊ 0⤋
You're entitled to what the Will says you're entitled to.
If you don't agree with that, you'd have to prove the Will is invalid.
It isn't invalid just because someone who would otherwise share under the Laws of Intestacy is left out. You have to show that the Will was obtained under Fraud, Duress, while mentally incompetent, or some procedural defect like not enough witnesses, or they didn't actually see him sign it.
Don't get your hopes up. You'd have a better chance at talking to him about it.
2006-11-19 13:30:34 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
If he was of sound mind at the time he made is will, and the will is properly formulated and witnessed, you are unlikely to succeed.
Of course you can contest it, this is America! But you should carefully assess your chances, first. It would be worth paying a good lawyer to evaluate your case before you proceed. The lawyer's fees will not amount to anything near the sums you can spend pursuing a case which you ultimately lose.
2006-11-19 12:56:03 · answer #4 · answered by functionary01 4 · 0⤊ 0⤋
You can always contest a will, just as long as you have grounds to do so. And since he is your father, you have grounds.
2006-11-19 12:28:07 · answer #5 · answered by quatrapiller 6 · 0⤊ 0⤋
Well he certainly couldn't remarry after he dies, but it will all depend on what is in his will.
2006-11-19 12:27:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes you can, it's called probate. You will need a good lawyer though.
2006-11-19 12:45:32 · answer #7 · answered by Pashta 4 · 0⤊ 0⤋
yes.
it depends on the will though, hopefully this hasn't happened.
because u can talk to him about it
do it now before it is too late
2006-11-19 12:33:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your fathers assests belong to who he leaves them to, if he is of sound mind. Get out and get a job and quit wanting your dad to die so you can have his stuff and not work.
2006-11-19 12:29:32 · answer #9 · answered by flip103158 4 · 1⤊ 1⤋
Half of what he owns goes to his wife.
The other half will be divided between you and your sister.
2006-11-19 12:27:35 · answer #10 · answered by DarkChoco 4 · 0⤊ 0⤋