My father passed away unexpectedly. His live-in on/off boyfriend is the executor of his will, and claims I am entitled to nothing. Although we had periods of estrangement over the years, we were still quite close and I believe that if I am not listed in his will, it was only due to his boyfriends coercion. Am I able to contest this will as his next of kin?
Anyone is allowed to contest a will, but it is difficult to do. You would need to be represented by an attorney. I suggest you meet with a probate attorney to discuss the facts and determine if you have a case or not. Also do not hesitate, because their are some short time frames that make a difference. If you act quickly you may be able to contest his appointment as personal representative (what an executor is called in Florida) and that would make things easier for you in some ways, although maybe not in others.
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Sure-anyone can contest.
Most likely you will have to prove undue influence or incompetence-hard to do sometimes.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
It may be something you should consider. You should reach out to a probate litigation attorney and evaluate the estate and chances to determine what to do.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
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