My aunt wants to contest my grandfathers will because she is not an heir. The reason being that he has paid cash for her house and bought her a new car, as well as did all the repairs on the house, buy her weekly groceries etc. My grandfather has explained to her that he feels she has already gotten her share and and the rest should be divided amongst the rest of the family. In the event he passes first, my grandmother is sole heir and this is why I am concerned. If my aunt contests the will, she will walk away with 2/3 of the estate, leaving my nanna with no way of supporting herself.
2006-12-01 01:26:37 · 5 answers · asked by Terry M 3 in Politics & Government ➔ Law & Ethics
I agree with Crazy Kid. Wills can be contested on several grounds, but just because it is contested does not mean that it will be intestate. The laws of each state are set up so that family members (heirs) receive a share of an estate in the event that the person dies without a will. This is called dying intestate. If the person does have a will, the wishes will generally be upheld unless there is a problem with following the legal formalities for drafting and executing the will.
If your aunt claims that he was under undue influence or not mentally capable of understanding what he was doing when writing the will, the will could be invalidated. However, she would have to prove that these things are true.
You have the right to cut just about anyone out of a will that you want, and your aunt is entitled to nothing.
In many states, even if it does go into intestacy, and the estate is divided among the heirs, lifetime gifts, such as the house and the payments that your grandfather made are subtracted from any amount she would receive as an heir.
It all depends on the particular circumstances and the state law. If you are really concerned, consult a probate attorney that is qualified to practice law in your state.
2006-12-01 03:07:18 · answer #1 · answered by Mr 51 4 · 0⤊ 0⤋
How RUDE of her to even think about contesting the will when he has not even died yet!!!! She is a greedy Bit**. She deserves NOTHING. He should add it in his will that since he already paid for her house and car that she is entitled to nothing else as that is considered her share. A judge will not allow her to contest the will on the ground that she is just greedy and leave your Grandmother with nothing.
2006-12-01 09:37:17 · answer #2 · answered by Ryan's mom 7 · 0⤊ 0⤋
The laws surrounding wills are governed by state law, but in most states, you cannot write your current spouse out of your will. Even if he has an attorney do this, she is entitled to her spousal share regardless of what he bought for her of did for her while they were married. She can elect to recieve her spousal share even if she is not included in the will, provided that they were still married when he dies!!
She needs to speak to an attorney who does probate work about this.
2006-12-01 10:54:36 · answer #3 · answered by On Time 3 · 0⤊ 0⤋
A will can be contested on any grounds, but whether or not it is successful is another matter.
the larger problem is that the will could be eaten up in court costs and nobody gets anything
2006-12-01 09:32:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Tell your grandfather to make sure he has an attorney prepare the will & it will be done properly.
2006-12-01 10:15:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋