Katie's mother passed, she is disabled, she was caregiver for 10 years, the WILL is 20 years old, the family asked her to leave

Asked 12 months ago - Hackensack, NJ

Katie's sister in charge of finance said that Katie will get her equal third share of the 2 family house. The 20 year old N.J. Will was witnessed by her sisters deceased husband. Her brother is mentioned in the will, which states all three siblings get equal share. The brother and sister have homes and large incomes. Katie who faithfully took care of both father and mother till they died, needs more than a third, she needs a life estate. Katie has diagnosed Chronic Fatigue. Can Katie contest the WILL?

Attorney answers (3)

  1. John Joseph Campbell


    Contributor Level 10


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Generally, the Will is going to control here. If it was executed and witnessed within the past 20 years, it is probably a "self-proving" will. The personal representative nominated in the will is probably going to have control over the Estate. However, in many states, the Estate and the beneficiaries can essentially alter the distribution from the Estate with a special contract. You should consult with an Elder Law attorney with Probate experience in the state where your mother was living when she passed away. This sounds like a bit of an emergency, at least for Katie, so please do not wait to seek good legal advice.

    Nothing in this posting is intended to, or does it create an attorney-client relationship. Further, it is NOT... more
  2. Donna R Blaustein

    Contributor Level 13


    Lawyers agree


    Answered . If the will was properly prepared and signed and the parent had the ability to understand what was being done and was not coerced, it is unlikely that Katie would win a will contest. She should consult an attorney to review the will and advise her of her rights. Maybe her siblings would allow her to remain in the home for a period of time. She may also have a claim against the estate for the value of the care she gave her parents. Again an attorney representing her needs all of the facts in order to advise her.

    The above answer is not to be considered legal advice and should not be relied upon as such. You should consult... more
  3. Celia R Reed

    Contributor Level 20


    Lawyers agree


    Answered . Probably need. Inheritance is not based on need. It is based on the testator's wishes. Katie can consult with a probate attorney to confirm this.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
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