Can I or we, contest the will?

Asked almost 4 years ago - Skowhegan, ME

My biological father passed away. He was absent from our lives from early on. he lived about 1 mile away from us but had no contact through his own choice. his will reads "I choose to leave my three daughters only my love and affection". He was amrried and has a son who he "remembers his son and makes provisions for him as contingent beneficiary hereafter". To his wife "I devise all of my tangible personal property to my wife if she survives me. In the event that she dies, I devise all of my tangible personal property to my son." his wife is left as everything and is nominated as personal representative of his estate. If she can't, then her son is named to do so. I have an illigitimate sister not named in the will. He owned his own business and has many assets including heavy equipment.

Attorney answers (3)

  1. Smilie Gregg Rogers

    Pro

    Contributor Level 9

    Answered . I agree with the above attorneys: a will contest can be a long, difficult and expensive process. I also agree with the point made that the "illegitimate" sister may have a claim as a pretermitted heir, depending on when she was born: she should talk to a local lawyer.

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  2. Lonnie K McDowell

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Unless you have some pretty convincing evidence that he was unduly influenced, or lacked capacity to know what he was doing when he signed the will, or that the will is otherwise invalid, a will contest would be a waste of your time and money. People disinherit their children more frequently than you might suppose; being disinherited is not grounds for a will contest. The "illegitimate" sister may have a claim as a pretermitted heir, depending on when she was born: she should talk to a local lawyer.

  3. Theodore W. Robinson

    Contributor Level 20

    Answered . The best thing you can do is speak to a local estate attorney and ask the same question. However, just to give you an answer, yes, you can contest the Will, but its a long and difficult law suit if he was of sound mind when he made those bequests. That's the issue for Wills. Was he of sound mind when he made the bequest. The attorney who drafted the Will for him will more than likely testify in support of the Will since he/she prepared it and officiated over the Will signing and they have to uphold what they did.

    In reality, there doesn't seem to be too much you can do to contest the Will since he mentioned you, however, your state's laws may be different than those in NY where I practice. That's why you should see a local attorney.

    Good luck.

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