When my brother died last month in Oklahoma, I discovered he had written a will a year earlier leaving his estate to a neighbor who had been caring for him. I live in another state and was unaware of the will. I believe my brother was taken advantage of. Can I contest the will?
2007-10-04 06:26:39 · 13 answers · asked by needshelp 1 in Politics & Government ➔ Law & Ethics
No, it was not your business, so you don't have a right to be notified.
Yes, you can always contest a will on the grounds that the person was of unsound mind or was subjected to undue influence. But you will have a tough time proving this. You live in another state, your brother did not discuss his affairs with you, and the will was a year old. With so little active involvement in your brother's life, it would be hard for you to gather the evidence you would need to overturn his will.
2007-10-04 06:46:44 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
Yes, you can contest the will. However, if your brother was of sound mind, he has the right to write whatever provisions into his will that he wants. It is perfectly normal for a person to bequeath his estate to the person or persons who have been providing care. In order to contest the will, you will need to prove that this neighbor was indeed exerting undue influence over your brother, that your brother was of unsound mind, or both. This will not be easy since you are trying to do this after the fact and will have to rely upon witnesses to establish this weak mind and undue influence.
You need to ask yourself these questions.
Is this really important? Am I willing to suffer time, stress and money to pursue this? Is losing my peace of mind worth the fight? Should I just let it go and get on with my life?
Only you can answer those questions. You decide what it is worth to you to put up this fight.
2007-10-04 06:39:13 · answer #2 · answered by rac 7 · 0⤊ 0⤋
You may contest the will, but if your brother was in sound mind there is nothing you can do. The next of kin does not have to be notified for anything, unless it states to in a power of attorney. He could have said he wanted nobody notified and that had to be honored. Good Luck
2007-10-04 06:31:57 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The only person legally entitled to a portion of someones estate is the spouse or underage children.
Beyond that he can leave the rest to the tooth fairy if he so wishes.
The only claim you would be able to make would be to argue that he was either coerced or not of sound mind when he made the new will.
2007-10-04 06:36:27 · answer #4 · answered by elysialaw 6 · 0⤊ 0⤋
Yes that is your right to contest the will, get yourself a good lawyer if you want or do it on your own. If your brother was that ill he might not have known what he was doing when he made up the will. Was it a do-it-yourself kit will? That might explain a few things.
2007-10-04 06:35:39 · answer #5 · answered by 24Special 5 · 0⤊ 0⤋
OH, SNAP! Madskier1! Tell it!
There's probably no shortage of folks who think they should benefit when somebody dies when they most likely never had a damn thing to do with or for the person while they were alive. My sister was that way. She had nothing to do with my mother and father for twenty years before they died but when they did she was absolutely blown away by the fact that she was disinherited....
2007-10-04 10:31:55 · answer #6 · answered by lillllbit 6 · 0⤊ 0⤋
accompanied infant or beginning infant is all the comparable interior the eyes of the regulation. for my section, you, your brother and your dad could all social gathering and communicate. in case you experience that your dad isn't effective or your brother is belligerent or you at the instant cannot be know-how and civil, then perhaps a criminal professional could be employed besides. in the adventure that your Dad is effective, then what occurs to his property is as much as him. conversing as a parent of the two accompanied and beginning infants, have faith me, each and each infant is the two enjoyed and enjoyed despite the fact that if some look to have extra undemanding experience and a feeling of duty. The extra to blame infant could desire to be the single chosen via the parent to deal with the funds and that isn't inevitably the beginning infant OR the oldest infant. attempt genuine not elementary to have peace jointly with your brother in case you extremely love your father.
2016-11-07 06:17:45 · answer #7 · answered by ? 4 · 0⤊ 0⤋
As long as it was written and witnessed, there isn't much you can do. I guess if you cared, you would have talked to him and perhaps got an idea of what was going on. He must have felt the neighbor was deserving.
2007-10-04 06:37:56 · answer #8 · answered by sensible_man 7 · 1⤊ 0⤋
If your brother was of sound mind when he wrote the will and it was properly witnessed, he could leave his stuff to his neighbor's CAT.
But I'd certainly look into contesting.
2007-10-04 06:30:24 · answer #9 · answered by simply_me 6 · 4⤊ 0⤋
No, If it's a living will, witness and properly notified by a certified person.
2007-10-04 07:09:27 · answer #10 · answered by Doctor Strange 4 · 0⤊ 0⤋