If a person contests a will,?

Question

can the assests, such as a business, be used by one party to fight the issue or does the asset go into probate so that it is protected until a legal ruling is made?

My brother and I have been named in a will for 35 years. My father has recently been threatened by his wife, who, I believe, coerced him in changing the will, because he was calling me very upset now he is saying everything is better. He is an alcoholic, is 68 years old and he has expressed concerns about his physical safety to me on more than one occasion, thinking that she wanted to kill him. I am convinved she has forced him, through harassment, to leave everything to her. He is convinced that if the original will is contested (which she has threatened to do if he leaves his will of 35 year intact) that she will drain the business in a legal battle. I thought that if she contested the business the matter would go into probate until settled and that she couldn't drain the business in a legal battle. It wouldn't make sense if she could.

Answer 1

You don't give enough facts. If, for example, the second of your parents to die has died and left a will, the person who has been appointed executor will apply to have the will probated. If you do not think you have been properly provided for, you may hire an attorney and challenge the will. The main reasons for challenging an otherwise valid will are (a) undue influence or (b) lack of capacity. These are the challenges that were used after that millionaire married Anna Nicole Smith. If your parents did not leave you as much as your siblings because they just did not want to, that is not a proper objection. The executor generally may defend the will with probate assets.