Can I contest My step father's will???

Question

My mother died in 2006.. 3 children were on the original will.. Since then, step father had it changed to his favorite step grand children...Can I contest and win???

Answer 1

You can contest it. The winning part will be up to the judge.

Answer 2

You've left out some very important information. First, were the changed made before or after your mother died? Second, did your mother approve the changes? Third and finally, if she approved the changes, was she of sound mind when she did so?

Your stepfather cannot simply change your mother's will just because he felt like it. And he certainly cannot change the will after she died. And once he inherits property for her, it belongs to him and he can do with it as he pleases. If your mom died and she did not approve the changes, then you need a local probate lawyer to initiate probate proceedings to enforce the terms of the will.

If you mom did approve the changes, then your challenge would be focused on her mental capacity at the time she made the will. If she lacked the mental capacity to do so, then you might have a fighting chance. But laws vary by state, so yo really need to see a local attorney rather than rely on the advice given here.

Answer 3

Your step-father cannot change the wording on your Mother's will. Only your Mother can change that and she is gone. I'm very sorry for the loss of your Mom. Call a probate attorney. They may be willing to take a quick look for free. You can also see if your Mom filed her will with the Probate Department at your local courthouse. You can check on that for free. Just walk into the office and explain your problem. They will tell you how to go about getting an answering.

Unfortunately, if your Mother left everything to your step-father, you have very little recourse. Some states ( florida) is one of them do not honor wills from other states. Call your local Probate Court. Although Fl has a clause that if your step-father dies, you can contest and usually win on the basis of him inheriting your Mother's estate. Good luck

Answer 4

It's not likely that you can contest it and obtain favorable results unless you can present a good reason for contesting. One of those reasons would be that he wasn't in sound mind at the time he made the changes. This one is rather hard to prove but if he had been diagnosed with any form of mental inadequacy such as Alzheimer's or Dementia and was under the care of a doctor at the time he made the changes, that can certainly help. Another possibility would be if you could prove he was under duress by those named in the will, this could most definitely provide grounds for contesting. If at nothing else, respect your step fathers wishes and accept the changes that he made......for what ever reason. Peace of mind is worth your own (or it's) weight in gold......and can't be given in a will.

Answer 5

The resolution of your Mother's Estate should have been completed and is not an issue. If the bulk of the assets went to your step-Father then there is not much you can do about how his assets are distributed upon his death.

To have ensured your Mothers wishes were carried out regarding anything passing to grand children, it should have been put in their name in her will and held in trust until they were old enough.

At this point, unless you can show he is incompetent or made the change under duress, there probably isn't anything you can do.

I would strongly suggest you contact a good probate attorney for a consultation. They may do it for free (everyone needs them someday) or there may be a nominal fee. But getting the correct advice from an attorney on this matter seems a prudent step.

Wills are messy. Oh...and while your talking to that attorney, is your will recent? ;)

Answer 6

You did not mention the state you live in. The law may be different from one jurisdiction to another. However, you might be able to challenge the will, if you were not specifically excluded by name under the will.

Foster children, as well as legally adopted children, illegitimate children and natural children may have legal rights to inherit despite the will, under the "pretermitted heir statute". This law, in most states, allows children of those classes to challenge a will on the grounds that they were inadvertently excluded, and the courts will imply an intent that children were intended to be provided for.

Even general language excluding anyone who contests a will from inheriting anything under the will, cannot defeat the claim of children unless they were specifically named and excluded. You should consult a lawyer in your state who specializes in these type of cases about your rights.

Answer 7

Only if he left you nothing. All he legally had to do was leave you a dollar to make it legal. You can take it to court all you
want but, if you got something from that will worth more than
a buck you'll be wasting your time. I would just accept it and move on. I doubt you want to be considered as one of those
"money hungry kids" as most laywers put it.

Answer 8

Yes. You can contest it. Win. No; unless you did not receive what was due you. Is it worth your effort? Probably not. Most good lawyers will listen to your situation and advise you if it is worth the effort...but remember...they are in the business to make money not disperse justice.

Answer 9

i wish I could say yes but the answerer is no. A will is a legal document . Basically its someones last words and instructions on the who gets what and if your name isn't on there well you get the picture.

Answer 10

I think you have a fighting chance.....blood is always thicker then water.