I'm like the sole beneficiary in my parent's will. I have two half-sibling who share my dad. So in any case, if my dad dies one day(he suffers chronic heart diseases.) Will there be a way for my sibling to fight for a portion even if there're not benefiaries in the will?
2006-12-08 01:45:40 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The fact is that they are really bad people and none of us want them to touch it..
2006-12-08 01:51:36 · update #1
Work with your Dad- if he wants to disinherit your half-sibling(s), in most jurisdictions, he must spell it out in the will. If they are specifically disinherited by name in the will, there's not much that they can do. Your Dad may want to set up a trust in your name-if the assets are transferred to the trust while he's still alive, even better, since it'll beat probate(and worse for your half-sibs). But work with your Dad- for a lawyer, contact your local bar association, and ask for the head of the "wills, estates and trusts" committee- It's your best chance of good legal help without costing an arm and a leg-
2006-12-08 01:51:07 · answer #1 · answered by seamac56 4 · 1⤊ 2⤋
They can bring a challenge to the will, but you can make sure they lose. Your father has to make sure that the will is iron-clad. If he doesn't want them to inherit he should specifically state so in the will. Or he should leave them a very small amount ($200) and indicate he intended them to receive that and no portion of the residuary. A good lawyer will draft the will tightly - do not make one of those do-it-yourself wills, it may save you money up front, but on the back end it will cost way more in litigation and headaches. Be careful that your dad is able to make his own decisions and that you don't show any signs of improper or undue influence on him, that is a basis for challenging the will. You dad has to be competent to to make his will.
2006-12-08 02:06:00 · answer #2 · answered by Tara P 5 · 0⤊ 1⤋
Anyone can contest a will and turn it into a long court battle. Since they are his kids too, I would think that a court might decide in favor of giving them a portion, but by then how much of the inheritance would be used up in the court battle. This is the age of law suits. You can sue someone over anything nowadays. It's gotten quite pathetic.
2006-12-08 01:50:49 · answer #3 · answered by Amangela 4 · 1⤊ 1⤋
no as long as you are the only beneficiary you will get everything just make sure that you are and your dad didnt change the will my mom is going through it because her dad died left all to my G-ma and then she died and had an account switched so only her kids got the money from the one account just be up to date on the will and be sure you understand the probate period.
2006-12-08 01:59:15 · answer #4 · answered by nascar_hottie07 2 · 0⤊ 1⤋
You want to be very careful with this if you're siblings (half or not) petition your dads will they will by law be entitled to something. It's called contesting of the will, Your dad has to leave them something even if it's one dollar it has to be something from him to them in his will. Also his will should contain something in the aspect of "If anyone contest my last will , all of the parities should equally divide between them the sum of one dollar." I hope this helps.
2006-12-08 02:05:49 · answer #5 · answered by sftbllr4lf 3 · 1⤊ 1⤋
Of course! it's their portion also! It's the law..
My father got re-married and the woman had five grown children. When my father passed they all sued for a portion and GOT IT
2006-12-08 01:49:21 · answer #6 · answered by Anonymous · 1⤊ 3⤋
yes they can fight it. doesn't mean they will win.
kinda sad to be so concerned about money that's only yours when you parents die...
2006-12-08 01:49:27 · answer #7 · answered by onlylove41 4 · 2⤊ 1⤋