Is the excutator of an estate the only person who can contest a will

Asked over 1 year ago - Altoona, PA

i live with my uncle for the past 5 yrs...he was diagnosed with a brain trumor in feburday(nothing they can do give him 6 to 8 mos)...im told the house is being left to me...but he has a son in another state who is the excuator...we dont get along that well(long story)...i'm told he is trying or already had the will changed so im out...i have a copy of an old will that has the house going to me...im just concered

Attorney answers (3)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Is the executor the only person who can challenge a will? Absolutely not. That would mean heirs or those disinherited would have no rights. The likelihood of a challenge being successful is a different matter but to answer your specific question a will can be challenged by an interested party which would include named beneficiaries and heirs-at-law.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Adam S. Bernick

    Contributor Level 13

    2

    Lawyers agree

    Answered . Any person named in a prior will as a beneficiary or in the current will or any heir at law can certainly challenge the will. Consult a probate attorney on practices will contests now while he is alive as to any actions you need to take as there are ways to block the new will from being accepted for filing and to litigate the matter. Once the will is admitted, the executor will have access to all of his assets and you are then stuck appealing the matter, but if you can block initial probate of the will then you have more leverage. I note the statute of limitations for these sort of cases is very short so do not delay at all.

  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No-the executor is not the only one who can contest a will.
    The most common reasons to contest are undue influence or incompetence.
    If a will is changed because of those reasons-it can be contested.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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