My husband died, only have copy of will making me executor.he had no contact with kids from first marriage. can they contest?

copy of will i am execurator had copies made 4/2009 nothing changed. can aldult children from first marriage contest married 29 yrs. no contact with children for 26 yrs

Pittsburgh, PA -

Attorney Answers (2)

Stephen J. O'Brien

Stephen J. O'Brien

Estate Planning Attorney - Pittsburgh, PA
Answered

Your problem stems more from the fact that you cannot find the original Will. Unless you know how or why the Will got destroyed, then its unlikely that the copy Will be accepted into probate. That leaves you probating your husband's estate as an intestate estate. The children from the first marrige, even without contact then have significant rights to his estate. But, his probate estate only consists of assets that were not jointly held. So, it may have very little impact. Feel free to contact me to discuss further. My office provides free consultations. I may be reached at 412-788-7560. Sincerely, Stephen J. O'Brien.

Keenan M. Post

Keenan M. Post

Estate Planning Attorney - Shawnee Mission, KS
Answered

As a general rule the reality is that anyone that has $$ can find an attorney to raise heck with any other person.. The question is whether the challenge will be successful. After 29 years of marriage it is very likely that all of your assets were titled jointly with your husband and/or named you as primary beneficiary. The only assets the Will would address would be those assets titled in the individual name only of your deceased husband - which again, may be $0 Based on the brief set of facts, it seems unlikely that the children will have any real chance of success - but certainly can make your life more stressful.

Best of luck.

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.