My husband says if my parents cut me out of their will it will still be possible to contest the will and get money but im not sure that is right.
2007-10-30 04:53:06 · 14 answers · asked by Nic P 1 in Politics & Government ➔ Law & Ethics
You can always contest a will, but that doesn't mean you will win. You are going to have to show a compelling reason to go against the wishes of the deceased. For example, if there was coercion involved in the making of the will or if the will was made while the person was mentally incapacitated in some way (showing undue influence). If your parents cut you out of their will and were of sound mind and body at the time they did it, you won't get a dime.
2007-10-30 05:03:23 · answer #1 · answered by Heather Mac 6 · 1⤊ 0⤋
Oh you can contest the will. However if the judge deems the will to be in order with no mistakes then your case is lost.
Just because you are a child doesn't mean you are going to get anything. It just means you are a child of the dead people in question.
I am wondering exactly what it is that you did to get cut out of the will? Perhaps you are a drug addict or maybe they realize that your husband only married you for money? Maybe you had a fight with them? What was it?
2007-10-30 12:00:57 · answer #2 · answered by Anonymous · 3⤊ 0⤋
As already stated, you can contest a will, however, that costs money in and of itself in attorney's fees, etc. You might not even end up getting anything let alone enough to cover the fees incurred in getting it.
If your parents cut you out of their wills, did they have reason? If they did, the least you can do is honor their wishes in death since apparently you didn't honor them in life.
2007-10-30 12:07:06 · answer #3 · answered by jurydoc 7 · 2⤊ 0⤋
Nobody can give you a proper answer without knowing how your parents in fact disposed of their estate. If it turned out that a friend or neighbour exercised undue influence upon them, for example, do that they left their property to them (remember that wicked doctor in Bristol who murdered his elderly patients in order to obtain their money?) then you might well have a case, but if they left property to other siblings on the grounds that they needed it more, then it would be harder to argue the matter. It is theoretically possible, therefore, but it might well be that the real winners would turn out to be the lawyers, charging big hourly rates for arguing the matter in and out of court. Besides, if your parents did not want you to inherit, would you really wish to press the point?
2007-10-30 15:00:24 · answer #4 · answered by Doethineb 7 · 1⤊ 0⤋
Yes you can get money. Are you likely to ? No - unless you can show a Court that there is some compelling reason to overturn a properly prepared and witnessed will. If you are that desperate get some legal advice after death of parent(s).
2007-10-30 13:27:07 · answer #5 · answered by JOHN R 4 · 1⤊ 0⤋
You can contest a Will when it is probated. The court will follow the wishes of the deceased, unless you can come with a compelling reason to change it. Being a daughter and being left out is not a compelling reason.
2007-10-30 11:57:46 · answer #6 · answered by regerugged 7 · 8⤊ 0⤋
Yes you can still get money! Get a job!
(You'll need one because you won't be getting anything if you are cut out of a legal will)
2007-10-30 11:56:30 · answer #7 · answered by Anonymous · 7⤊ 0⤋
If your parents cut you out of their will intentionally because you have done something, then they will have mentioned that in the will, explaining their actions.
If this is the case then their will will stand.
2007-10-30 12:00:31 · answer #8 · answered by annie 4 · 3⤊ 0⤋
Check with a lawyer, asap, before the will is probated - there are ways to contest a will.
2007-10-30 12:00:55 · answer #9 · answered by mr_fartson 7 · 0⤊ 2⤋
Yes you can Contest the Will.
2007-10-30 12:00:45 · answer #10 · answered by 24Special 5 · 1⤊ 3⤋