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My uncle recently passed away. He and I were extremely close, speaking by phone several times per month, and visiting eachother at least once per year. He often told me I was like a daughter to him and that we were the most similiar out of our family. He had been a part of my life since birth. However he did have a biological daughter that he met when she was 18. Admittedly she hadn't spoken to my uncle at least 6 months before his death. Because he felt guilt about not being a part of her life, he left her the majority of his estate and several life insurance policies when he died. His siblings were the only other heirs named in his will, equally splitting one piece of property. He often asked me what I wanted him to leave me in his will because he had appointments to change his will on multiple occasions. I was uncomfortable with the conversation so always changed the subject. He would simply conclude that he would take care of me in that event. Long story short, I was not named as an heir to his estate. Even though we were extremely close, I am just his niece technically. Do I have any grounds to successfully contest his will?
2 ANSWERS
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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There are 2 grounds that are normally used when contesting a will. One is lack of competence. The other is undue influence, whereby a person close to him used their influence (usually in a diminished state) to essentially substitute their judgment for his. These issues often come up when someone changes their will close to death. You may want to investigate when the will was done, who drafted it, who was with him at the time and what drugs he was taking. Remember that as a niece, contesting the will and invalidating it doesn't mean that the estate will go to you!
Answered on Mar 05th, 2012 at 2:06 PM
Probate & Trust Attorney serving Coral Springs, FL
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Richard J. Kaplan, P.A.
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Not really. There is no Will giving you any rights. Your parents would have better standing than you to contest the Will. However, since he was survived by a daughter, without a Will, she would have gotten everything anyhow, being the closest relative to him. So the Will gives something to his siblings that they would not have otherwise received without that Will. It probably wouldn't be a good idea for them to contest it either because of this.
Answered on Mar 02nd, 2012 at 10:02 PM