QUESTION
Is it possible to contest a will after father passed and how?
Asked on Dec 03rd, 2013 on Estate Planning - Michigan
More details to this question:
My father just passed. He left everything to my stepbrother, no blood relation. He was going to change it but was told it was iron clad. I am the eldest of his 5 natural children. Do I have a case?
15 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes. Obtain a probate litigation attorney immediately top contest the will; the attorney may find different grounds upon which to make the case of contest.
Answered on Dec 05th, 2013 at 7:23 PM
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It is hard to say. MUCH more information is needed. If your stepbrother was close to your father and you were not, you may have a hard time. In any event you have to prove undue influence and/or lack of capacity. See an attorney NOW. Most will give a free consultation for you to discuss your case.
Answered on Dec 05th, 2013 at 7:23 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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What do you mean, "he was going to change it, but was told it was iron clad?" A person can always change their Will, as long as they have capacity. There is no such thing as "iron clad." You cannot contest a Will simply because you do not like what it says. If there are other facts, and it sounds like there could be in your case, then you might be able to challenge it. You would need to see an attorney to do so.
Answered on Dec 05th, 2013 at 7:23 PM
3 Awards
You should meet with a probate litigation attorney where your father died. This forum cannot address the facts and circumstances of your case. Best of luck to you.
Answered on Dec 05th, 2013 at 7:22 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Probably not. You would have to prove that he was mentally incompetent when he executed the will.
Answered on Dec 05th, 2013 at 7:22 PM
No will is "iron clad." However, perhaps he created an irrevocable trust instead of a will. You can challenge a will in probate court.
Answered on Dec 05th, 2013 at 7:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Only if your step-brother exerted undue influence on him or your father was not competent at the time he executed the will. Talk with a local attorney about the issues to see if it is worth spending the money on challenging.
Answered on Dec 05th, 2013 at 7:22 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You certainly have standing to challenge the will. Whether you have a good case depends on lots of factors not described in your note. "He was going to change it but was told it was iron clad." Who told him this? What does it mean? I would think that an "iron clad" will is one which cannot be successfully challenged. But the testator (the one whose will it is) can always change a will or revoke it. Perhaps there was undue influence? How can you prove that was going to change it?
Answered on Dec 05th, 2013 at 7:22 PM
Thomas Edward Gates
You need to show/prove your father was under duress or did not have the mental capacity to make the will. It is a high bar to prove.
Answered on Dec 05th, 2013 at 7:22 PM
There are some ways to contest a Will after the death of the person who made it. Generally, you have to show who the Will does not follow the proper procedures or was obtained by undue influence or fraud.
Answered on Dec 05th, 2013 at 7:22 PM
Edwin K. Niles
Iron clad? Anyone of sound mind can always change a will. It is suggested that you see an experienced lawyer ASAP.
Answered on Dec 05th, 2013 at 7:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney for an opinion of the options available.
Answered on Dec 05th, 2013 at 7:22 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Before you contest a will, you need to know what assets are going through probate in regard to your father's estate. You need to make the determination that it is worthwhile to challenge the will. The next question to ask is why would your father disinherit his 5 natural children and leave everything to a step-son. The reasons are usually undue influence or being incompetent at the time the will was signed. Look at the date of the will and ask yourself if you have evidence of your father's incompetency at the time he executed it or if there was any reason for undue influence by your step-brother. Finally, who told your dad that one he made a will, he could not change it? A will can be changed or revoked at any time. Once you have the answers to these questions, see an attorney in regard to a will contest so the attorney can make an evaluation at to a will contest.
Answered on Dec 05th, 2013 at 7:22 PM
It depends on the circumstances and how the will was drafted. Seek advice from an Estate Planning Attorney.
Answered on Dec 05th, 2013 at 7:22 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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You would need to show that at the time your Father signed his Will he lacked mental capacity (supported usually by medical testimony) or your step brother or someone asserted undue influence over your Dad.
Answered on Dec 05th, 2013 at 7:21 PM