ny fathers wife has made a new will cutting his 4 children of the monies that we should have and leaving the money to her 5 children she sufferrs with dimension can we contest the will
2007-03-29 11:57:57 · 18 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Good luck with that. You can file any court action you want, but ask yourself is it worth what you will spend? Consult a reputable lawyer about this, they will tell you the truth.
2007-03-29 12:04:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes you can she cannot file a Will after the husband has passed. If he did not leave a Will or he has a previous one that was made up the previous Will stands. The wife has know right to stuff if she is not named in the original will
she can not do this. Get a lawyer involved because he may look into this case and see that you guys are the ones that are intitled to any monies from his passing.
Good Luck and God Bless.
Sorry for your Loss.
2007-03-29 12:04:53 · answer #2 · answered by Livinrawguy 7 · 1⤊ 0⤋
If your father did not have a will his new wife wouldn't get anything in the first place. You need to get a Probate Attorney to work for you. The new wife that has no children with the deceased does not have the right to decide what to do with his estate. A probate attorney is the best way to go.
2007-03-29 12:24:13 · answer #3 · answered by dancing11freak 2 · 0⤊ 0⤋
Depends where you are. In UK your dad can leave his posessions to whom he wishes. If he left it to second wife then that was his wish. You can challenge it but if legally married she is his next of kin. As for his second wife her will will only come into play when she dies so you will have to wait untilhat time. If it has been drawn up by a solicitor they will have covered the aspects of her illness. It is up to the wife who she leaves her belongings to. I am so sorry that you seem to have been cut out. I was divorced 5 years ago and my two children have totally ignored me for that period of time. I have therefore cut them out of my will when I too remarried. Why should they benefit when they cannot be bother to contact me and choose to believe every lie my exwife tells about me. My new wife's daughter does not ignore me and so what I havew will go to my new wife and then to her daughter. The blame is firmly on my ex wife. She chose to poison my two children against me and they in turn chose to listen to her. It did take me 5 years to decide this. Why should my children have my home etc when they do not want me. No way are they getting it so my ex wife can get her greedy and selfish hands on it. She took everything from me in the divorce and left me sleeping in my car for two months. Can you believe the children side with her. Possiubly thisis why your dad left you nothing. If you did not bother with him afdter the divorce then blame your own mum and not him or his second wife. Sorryfor your loss.
2007-03-29 13:16:20 · answer #4 · answered by Closed Down 4 · 0⤊ 0⤋
If you are in the UK, as I understand it you are saying that:
1. Your father has died and his widow, your stepmother, has inherited the bulk of his estate.
2. His widow has made a will by which when she dies, her own children will receive everything and you and your siblings will receive nothing.
3. You say she suffers from dementia.
I doubt very much that you can make any claim at all unless any of you was dependent on your father, in which case your claim would be made now, against HIS estate. You would not be entitled to claim against your stepmother's estate unless one of you was dependent on her at the time of her death.
This is a complicated area and you should really consult a solicitor, but I doubt very much that you have a claim legally. Your father could easily have safeguarded his children's interests under his own will - there's more than one way of doing this, e.g. by leaving his widow a lifetime interest in his estate by which she could have the income during her lifetime but on her death his estate would pass on to his children. Equally he could have used a Discretionary Trust - another complicated thing best explained by a lawyer.
If your father left his estate to his widow, trusting that she would honour a promise to pass on his estate to his children after his death, well he shouldn't have relied on her word no matter how much he trusted her.
I don't think her dementia is going to affect you as I think it will be unlikely that you'll be entitled to provision out of her estate when she dies, irrespective of her mental health.
2007-03-30 05:09:09 · answer #5 · answered by Specsy 4 · 0⤊ 0⤋
I think you can contest the will, but you need the advice of an attorney. It is worth the money for a consultation with an attorney as you will get the correct and best advice.
2007-03-29 12:33:49 · answer #6 · answered by cardgirl2 6 · 0⤊ 0⤋
except the departed spouse had a lot less in sources than in debts the steadiness of her sources (a lot less taxes and responsibilities), or a will on the opposite, the sources could were divided between the surviving spouse, and any surviving little ones. Your Dad could verify with the executor of the sources and discover out what's happening. As my Dad handed at present, i understand it truly is what takes position right here.
2016-12-03 00:07:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on which country you live in, if you live in Scotland you cant be cut out of your father's will completely as you have legal rights but that might not be a hell of a lot! Hope things go well for you anyway!
2007-03-29 12:31:47 · answer #8 · answered by boombaby_jx 1 · 0⤊ 0⤋
I believe you can do nothing. Dad can have a paper presented to you for you to sign stating that you sign off.
He probably wants everything to go to the new family.
2007-03-29 12:11:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
She can't draw up the will, only your father can. Any document your father signed and was notarized will stand up in court, not her version.
2007-03-29 12:07:09 · answer #10 · answered by Ella 7 · 0⤊ 0⤋