My brother excluded everyone by name in his will except me, can it be contested ?
Asked in Park City, KY - 4 months
I was also named his power of attorney and executor of his estate . My wife and I lived with him in his home and cared for him, no-one else in the family even spoke to him.
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George Costas Andriotis
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James P. Frederick
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The burden of proof is on the person contesting the Will. If the Will is contested, you would need to hire an attorney to help you defend it.
James Frederick
Jack Richard Lebowitz
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That's because, it's usually presumed as a "default" that people love all their relatives, so if the will is silent, the property will be equally divided among his closest next of kin. But if the decedent drafting a will says specifically, I intend to leave "W", " X" and "Y" nothing (or a nominal bequest like $100 or $1000 which is the polite way of doing it if you really don't totally hate those you are "cutting out" or want to make them so angry they will contest the will) and the remainder of my estate to "Z" (you in this case), the only issue is whether the decedent was of "sound mind" (not delirious or suffering dementia) when he signed the will and said to the witnesses that this was what he wanted to do (that is, he wasn't "out of it" and you were putting a pen in his hand and he had no idea what he was signing, which some unscrupulous relatives or caretakers sometimes attempt to do).
But do get a good probate lawyer to fend off possibly angry siblings who may think about contesting the will in probate proceedings.
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