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Situation:

4 siblings, one left minor amount (about 1% of estate), rest of estate equally shared with other 3. 1 cut out member was into drugs and cut out of family over 30 years ago. There is a letter with Will stating why this child was left small amount.

Sibling not left anything is in "care" with the state.

Can his carers challenge the will? If there is a letter from parents, letters from other 3 siblings with details and other family members who can state the trouble he caused and his non involvement in family.

Any help?

2007-04-22 06:24:26 · 9 answers · asked by Lee13 1 in Family & Relationships Family

It was a legal will and the company that did the will advised my parents to write letter to show why one sibling only left small amount. The sibling's carers are looking to challenge, as actually sibling is not of mental capacity. He does not have a job, has been in the care of the state. One sibling never even met him!

2007-04-22 06:37:29 · update #1

9 answers

Take it to court.

A bunch of letters and a decent job will back the 1% kid up.

2007-04-22 06:27:49 · answer #1 · answered by Matthew S 2 · 0 0

My step mom said I only get what ever gifts I've given in the years. Her son's, who have fathers that gave them homes and such are to receive the land my father has!!
Just because I've been broke most of my life and not near them, I DON'T deserve anything, but when the state is involved, I think they can. Your brother that has problems, should have the help to have his problems worked on.
Your family should of sought counceling to understand anothers drug problems and such and tried to help more.

It's pretty bad when $$$$$$$$$$$ comes between a family. Even the ones who have "problems". GREED is what the other 3 are thinking now. Not a family way of things!!

2007-04-22 07:00:15 · answer #2 · answered by peggin_beast 6 · 0 0

They can always fight, but will not win. The letters of explanation demonstrate that the testators did not simply "forget" one heir. S/he was left out intentionally, and the testators are free to disinherit an heir if they wish.

2007-04-22 06:48:50 · answer #3 · answered by marylandlaw_mdlawyer 1 · 0 0

they can contest it. however, if there is a stipulation stating that if they do they will get nothing, then they probably won't. contesting a legal will is a pain in the ass. it all goes to probate and can take forever to finalize. if i understand correctly-the sib in question is in a state institution or something similar? i don't believe the place where they are can contest it at all.

2007-04-22 08:17:12 · answer #4 · answered by racer 51 7 · 1 0

Thing is the child was NOT "cut out". The child did get something. Frankly, if the kid has been such trouble all these years he doesn't DESERVE anything.
You don't have right to inherit.

2007-04-22 06:33:29 · answer #5 · answered by Anonymous · 0 0

His care takers can contest the will but that will is vaild and will hold up in court.

2007-04-22 06:29:36 · answer #6 · answered by Anonymous · 0 0

the reason 1% was left was to keep that from happening they can not win

2007-04-22 06:28:25 · answer #7 · answered by floyd 3 · 0 0

If it is a "certified" will it will stand in the courts.

2007-04-22 06:29:03 · answer #8 · answered by C J 4 · 0 0

yes

2007-04-22 06:27:39 · answer #9 · answered by John K 3 · 0 0

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