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Could a grandchild care giver contest a will?

Graham, WA |

An adult grandchild cared for his grandmother for approx 15 years up until the day of her death. He has not seen the will, nor has he been notified in writing of any fact regarding probate and his standing if any. He lives on the property, and believed that his Grandmother expected him to continue living there. I found in the court record, probate was filed 3 days following the Grandmothers death and a recent appointment of a Resident agent leads me to believe this matter is moving right along, while the Grandson remains in the dark. In the later days, when the Grandmother could no longer drive the Grandson stayed on site, and was unable to work. Case law on point would be much appreciated.

Attorney Answers 3


There are certain circumstances in which a grandchild could object to a Will. Most likely the Will was probated without notice to you because you would not be entitled to any share of the estate if there were no Will. There fact that you were a caregiver by itself does not give you any rights to the estate. You need to take your questions to a probate lawyer and provide specific information about who the survivors are, when the Will was executed and whether you have any basis to beleive that the Will was not the product of your grandmother's own wishes.

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Attorney Brophy is correct. It is rare that a person would have standing to contest a grandparent's will, but it is not impossible. Thus, the grandson should retain an experienced probate lawyer as soon as possible to review this matter.

Note that, given the significant services the grandson rendered to the decedent over the past 15 years, it is possible that he would have a claim against the grandparent's estate for payment for these services. Such a claim might encourage other family members to play ball with him. Good luck to you.

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It is possible to challenge a will, but it is difficult and expensive. You are asking for case law; does this mean you are trying to do this yourself? I would strongly advise against this. Challenging a will is not the easiest thing in the world, even for experienced attorneys.

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