QUESTION

My step brother was not named in my mothers will, he was named in my fathers before his passing. can he contest the will of my mother

Asked on Dec 13th, 2020 on Estate Planning - Pennsylvania
More details to this question:
So both of my parents have passed. My step brother was named in my fathers will at one time, after my father passed my mother had her will changed to exclude the step children and for it only to go to my biological sister and I. My mother has since passed from cancer and we are afraid that my step brother is going to contest the will. My mother did leave an addendum that she didn't sign prior to her passing leaving him some money but not nearly what he is now asking for. After her passing we did allow him and the other step children come to their home and take many expensive items without any issues. Essentially we told them take whatever they wanted because we didn't want them to feel left out, which they did take many items. Does he have any legal right to contest the will. Our relationship with him was for the most part decent and his tone has only recently changed since her passing. He does live out of state, We are in Pa and he is in CA.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If your mother's prior Will did not include an agreement not to change it (mirrored by the same agreement in your father's Will) and she did not sign a contract not to change her Will, she was free to make a new one and exclude whomever she wanted to exclude.  Even if she had had no Will and her estate passed under the laws of inheritance, a stepchild does not inherit unless he was adopted.
Answered on Dec 14th, 2020 at 5:21 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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