Do I have the legal right to contest my foster Mothers will?
I have been raised by a foster family since age three...I now care for the foster mother and live with her to that end...She has one other child by birth....I am considered a member of the family by all including family friends and church members.
At the time of mother's death, her real son will be named executor of her estate...He is said to inherit the whole of the estate, and if he does not survive to inherit, his wife receives one third and the rest is to be equally divided amongst her grand children.
I would like to know, since I was never legally adopted, but I was raised by them, do I have a right, or even stand a chance, at contesting the will?
I know what the will says and according to it I was not named as a Son or even a child...Rather I was named as a friend, and in the event of my brothers death before Mother should go, I would only receive a share with the three grand children.
Do I have grounds as a foster Son to contest?
2007-01-23 22:47:07 · 7 answers · asked by ddemotte2002 1 in Politics & Government ➔ Law & Ethics
You have no standing with regard to the will. However, as you are not her child by birth and you are caring for her now you have the right to be compensated for your time. I would speak to her child about this. You are putting your life on hold for his mother. This should be worth something to him. Whatever you agree on should be placed in writing and with with witnesses. I know you love her as your own mother but you must protect yourself.
2007-01-23 23:09:58 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I don't think you have grounds to challenge the Will. Your case would be stronger if you were not mentioned at all. However, you are in the Will, so you can't argue your foster Mother forgot you--which is sometimes a winning argument after the death of someone with dementia. You could ask her to make a new Will or add a Codicil to leave you something. It is possible you might be able to claim against the estate for your care of her. I'd suggest a conference with an estate planning or probate atty. Once again, these laws differ from state to state. Your chances of success in a Will challenge are slim in my state--based upon what you've included in your question.
2007-01-24 06:57:46 · answer #2 · answered by David M 7 · 1⤊ 0⤋
Thank your foster mother for providing you with a stable home life and a safe place to live, then explain to her that you're afraid that you're gonna get screwed out of your share when she kicks, and you'd like her to amend her will so that you get your cut.
2007-01-24 07:15:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Probably not, you may have been emotionally accepted by the family but you were a ward of the state. Adoption would have made all the difference but you haven't been. And because in a will you can leave your estate to whomever you please regardless of your relationship to them, its clear she meant for it to specifically go to whom she wished which is her biological son.
2007-01-24 07:00:02 · answer #4 · answered by Ms Angie 3 · 1⤊ 0⤋
Before you mother died did she say that she wanted you to have anything. Think bout it...You may have contract rights to pay for service, or one-yer performance contract. Otherwise you have no right. Kids don't CARE if you get anything. They probably resented you being there. sk for family meeting nd demand pay for service.
2007-01-24 07:10:18 · answer #5 · answered by Sports Maven 1 · 0⤊ 0⤋
No, but your foster mom can leave anything she wants to anyone she wants. Just because they are blood does not mean they get everything if that is not what she wants.
2007-01-25 14:08:53 · answer #6 · answered by wisegirl1204 3 · 0⤊ 0⤋
Why don't you respect the way the will was written in the first place?
2007-01-24 08:36:25 · answer #7 · answered by tempo 3 · 1⤊ 0⤋