My father told me and my brother that we would inherit a lot of money when he died. Now that he's gone, it appears he left us nothing and it all went to his 2nd wife and her daughters. His will states that when he dies, she inherits everything and then when she goes, it will all be split among her daughters and my brother and me. Now the greedy ***** has written her own will and giving it all to her kids and me and my bro are cut out. Can I contest this and how expensive is it and what are my chances of getting what should rightfully be ours? Why would my father promise us this? He was a lot of things but I don't remember him being a cruel liar.
2007-05-17 08:50:21 · 5 answers · asked by Arsobia64 2 in Politics & Government ➔ Law & Ethics
From what I can tell, it sounds like your father gave his 2nd wife what's called a "life estate", and the "remainder" to be split among her daughters, you, and your brother. A "remainder" is a future property interest, which becomes vested when the preceding interest terminates -- in this case, when the wife dies. Now, I don't see how the wife could have left the remainder to her daughters, since she never had the remainder in the first place. You can't bequeath a property you don't have.
So, if everything you are telling me is accurate, then you really have no grounds to contest your father's will -- but you will have excellent grounds to contest the wife's will after she dies.
If you want the money now, I'm afraid there isn't much that can be done. Do you have any proof that your father's will is fake, or that there was overreaching? Technically, your father was telling the truth -- you WILL get money after he died, just not immediately. Perhaps he didn't want to tell you that he was leaving so much property to his 2nd wife and her children knowing that you don't like her.
As for the money -- yes, like all litigation, contesting a will is expensive. Based on these facts, and without a clear idea of what your legacy would be worth, not many lawyers will agree to take this case on a contingency basis. Most likely, if you want a competent lawyer to represent you, you'll have to deposit an upfront retainer and pay hourly fees; or a substantial flat fee. More than that, I cannot tell you not knowing at least where you are.
2007-05-17 09:03:42 · answer #1 · answered by Rеdisca 5 · 1⤊ 1⤋
You can contest the will, but you will have to prove the second wife exerted some type of undue influence on your father when the second will was issued. That is very difficult to prove. Talk to a local probate attorney in your area to see if he thinks you have a chance. You can find one using the link below. A will challenge will be expensive.
2007-05-17 16:25:08 · answer #2 · answered by mcmufin 6 · 0⤊ 0⤋
My boss contested her Father's Will after a very similar incident. It cost her hundreds in attorney fees, proved very emotional (she had to actually prove she had a relationship with him) and ended up leaving her with nothing to show for all her time and energy. She didn't even get back the money she spent. It was tragic. I know its hard, but I recommend you avoid it. It gets really painful and might not end in your favor.
2007-05-17 16:00:05 · answer #3 · answered by artist9120 4 · 1⤊ 0⤋
I suggest you take a copy of the will to an attorney. You may be able to contest it, but you are not likely to win. You will have to establish that he intended for her to be the trustee of your estate, or something similar. That isn't likely to happen. But, to be certain, take a copy of the will to an attorney.
2007-05-17 15:54:58 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
I would go ask here
http://forum.freeadvice.com/index.php
2007-05-17 15:58:23 · answer #5 · answered by Linds 7 · 0⤊ 0⤋