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Where There’s a Will, Is There a Way to Contest It?
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Estate Planning
Where There’s a Will, Is There a Way to Contest It?
<p><font size="1">Don’t know the difference between a living will and a trust? Ask others how you can make sure your estate is secure after you're gone, with advice and tips on how to write a will and more.</font></p>
Yes, wills can be contested on several grounds, but doing so is rarely successful and can be expensive, according to this article from AARP Bulletin. Plus it can ruin relationships. Have you ever been
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Forums » Money » Estate Planning » Where There’s a Will, Is There a Way to Contest It?
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Where There’s a Will, Is There a Way to Contest It?
posted at September 28, 2011 1:57 PM EDT
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Posts: 10
First: September 26, 2011 Last: January 13, 2012 |
Yes, wills can be contested on several grounds, but doing so is rarely successful and can be expensive, according to this article from AARP Bulletin. Plus it can ruin relationships. Have you ever been surprised by what was, or was not, in a will? Did you think about contesting it, or know people who have contested them? How did it turn out? |
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Re: Where There’s a Will, Is There a Way to Contest It?
posted at October 20, 2011 12:50 AM EDT
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Posts: 1
First: October 20, 2011 Last: October 20, 2011 |
In Response to Where There’s a Will, Is There a Way to Contest It?: Yes, wills can be contested on several grounds, but doing so is rarely successful and can be expensive, according to this article from AARP Bulletin. Plus it can ruin relationships. Have you ever been surprised by what was, or was not, in a will? Did you think about contesting it, or know people who have contested them? How did it turn out? Posted by DanInMd If you are bent on winning, no matter what, then the surest way to prevail is to hire the most unscrupulous lawyer you can find (one with a history of winning this kind of suit), give him everything you know about the other sibling (even if it all is 'stellar') so this lawer can fabricate it into something else - that is, twist it into a story so the defendant can't even recognize himself. Then, file a second (backup) suit in civil court claiming elder abuse and again twist any and all truth into lies. Be prepared to spend lots of money (think hundreds of thousands of dollars) and time (at least a year or two, maybe more). The goal here is to wear down the defendant to settle out of court so there is no trial (where you'll likely lose once all the lies are exposed) - rather, the tactic here is to get the defendant to give in and mediate a settlement after which you will remove the elder abuse suit and sign a settlement agreement. It works, but what price - you will likely never see or communicate with your sibling again, ditto yours and your siblings children (who become collateral damage). No one really wins though, except the attorneys, who likely as not know each other and have been this route many times before. If instead you let your sibling know how you feel (slighted, unfair, etc.) but do not blame them, you'd keep the relationship in tact, and just maybe your sibling would leave you an inheritance in their will (or for your kids). And you'd reinforce the values you've instilled in your children in a positive way. |
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Re: Where There’s a Will, Is There a Way to Contest It?
posted at November 5, 2011 10:56 AM EDT
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Posts: 1
First: November 5, 2011 Last: November 5, 2011 |
How do you overturn a will while someone is still living? My father told me he cut my brother out of his will for some stupid reason. My dad was diagnosed with dementia 2 months later. So by legal standards, he was no't "impaired" when he signed the revised will. Can the case be made that he was, but hadn't been official diagnosed? I want my father's will to revert back to the original will (in place for 15 years) where all of us kids shared equally. I don't want to have to fight to overturn it after my father's death. Any advice? |
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Re: Where There?s a Will, Is There a Way to Contest It?
posted at December 20, 2011 5:09 PM EST
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Posts: 1
First: December 20, 2011 Last: December 20, 2011 |
from my experience and it is not a pretty picture. After my ladt bro passed away my nephew was given the will. However I was the executor o his Estate. When asked for the will, he refused to give it up. He was the power of attorney for my mother. As the sole heir I had more rights. Any way my nephew krpt trying to get hold of two/three accounts. I was taken back to find out that my bro give him $89,000 to give to his son. This son was about 11 yrs/old. I wasn't aware of this. I found out from the bank when I went to closed out the accounts. I would say to make sure all your accounts are marked POD to avoid your heirs from going thru all the trouble of probate, etc etc |
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Re: Where There?s a Will, Is There a Way to Contest It?
posted at August 21, 2012 11:44 AM EDT
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Posts: 1
First: August 21, 2012 Last: August 21, 2012 |
In Response to Re: Where There’s a Will, Is There a Way to Contest It?: A few months before my brother-in-law died from brain cancer, his wife had him sign a will leaving his half of our house to her. The poor man had no idea what he was doing. Note that our house is a family house that she never had anything to do with, and they both signed a pre-nuptial agreement many years ago to protect both of their families from each other. She shamelessly denied the existence of the pre-nup. Long story short - we contested that will and ended up settling before the case went to trial. We probably would have won at trial, but the legal fees would have been more than we wanted to spend or could afford. So for a relatively small amount of money, my ex sister-in-law ruined her relationships with over 25 people. I will say that her evil deed brought the rest of us much closer together, so there is a happy ending here for us. |
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Re: Where There?s a Will, Is There a Way to Contest It?
posted at March 11, 2013 11:57 PM EDT
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Posts: 1
First: March 11, 2013 Last: March 11, 2013 |
My Aunt and her husband never had any children, worked very hard throughout their lives and accumulated significant assets. It was always my understanding that except for nominal inheritances left to several nieces and nephews the major portion of their estates were left to charities. I the youngest of the nieces and nephews was asked to be executor. My Aunt passed away 4 years before her husband. During that time he hired a housekeeper who he married. It seems obvious that he was not of sound mind in marrying this woman. As his wife, the housekeeper, inherited all his estate. All the nieces and nephews looked to me to do something (contest the will). I felt that considering we were left very little in the original will that contesting would cost us more than we stood to receive. In fact, the charities originally selected by my Aunt and her husband lost the most. Several years have passed, but I still feel that perhaps I should have pursued contesting the will because it was the right thing to do. Is it too late to do anything? Should I just let it go? Any advice that can put my mind at ease? |
Forums » Money » Estate Planning » Where There’s a Will, Is There a Way to Contest It?
