QUESTION
What is my recourse if one of her nieces contested the will saying she was not in her right mind when the will was written?
Asked on Feb 07th, 2014 on Estate Planning - California
More details to this question:
My stepmother passed and left me in her will. If by chance she should win in court, what are my rights as the biological son of her spouse? My father passed away before she did.
18 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Being the son of her spouse does not give you any right to inherit from her. You should talk to a local probate attorney about your situation. You may be able to probe to a court that she actually was "in her right mind" when she made the will.
Answered on Feb 14th, 2014 at 6:52 AM
Unless your stepmother legally adopted you, you don't have any right to or claim on her assets after her death unless she bequeathed you something in her will. If the will is thrown out by the probate court and there is no other valid will in existence, the state's intestacy laws will apply in determining who her heirs are.
Answered on Feb 11th, 2014 at 3:29 PM
We need much more information then you have presented. Are you adopted, what does the Will provide for, is yours a community property state, etc. You need to see a probate attorney and present them with all the needed information. First call and find out what information they need before going to see them for a free consultation. It will help you to read the relevant sections of a book written for lay people as to probate, such as from Nolo Press.
Answered on Feb 11th, 2014 at 3:25 PM
None. You will inherit nothing if your step mother did not leave a valid Will.
Answered on Feb 11th, 2014 at 3:25 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Hire a lawyer and defend the case.
Answered on Feb 11th, 2014 at 3:25 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If she wins (and that is very unlikely), then your step-mother's assets would go to her intestate heirs (usually children). If your father died without a will, you would inherit at least part of his estate.
Answered on Feb 11th, 2014 at 3:24 PM
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As a step-child, you have no inheritance rights in in the State of Nevada. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Feb 11th, 2014 at 3:24 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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From the facts you give, you have no rights in stepmother's estate except through the will.
Answered on Feb 11th, 2014 at 3:24 PM
Edwin K. Niles
A will contest presupposes a probate proceeding pending. Why not ask the lawyer handling the probate?
Answered on Feb 11th, 2014 at 3:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the will is invalid, you are entitled to nothing.
Answered on Feb 11th, 2014 at 3:23 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is no Will then your rights to inherit would be by descent and distribution. Those rights depend upon your being the child of the decedent. You would inherit from your stepmother only if she adopted you.
Answered on Feb 11th, 2014 at 3:23 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not sure I completely understand your summary, but you would not have any rights as an heir of your stepmother, if the Will is successfully overturned. Will contests are difficult to win, but very much depend on the facts of the case. You should retain an experienced probate attorney to help you defend your inheritance.
Answered on Feb 11th, 2014 at 3:22 PM
If you lose in Court then your recourse is to appeal. To protect your rights in Court, consult immediately with an attorney who specializes in estate litigation.
Answered on Feb 11th, 2014 at 3:22 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate litigation attorney to advise you of your rights as to the upcoming will contest.
Answered on Feb 11th, 2014 at 3:22 PM
Thomas Edward Gates
You need to retain a probate attorney. The niece has a high bar to over come that she was incompetent to make her last will and testimony. If she prevails, then the previous will come into play. If she is not listed as a beneficiary, she would get nothing. If there is no other prior will, ten your stepmother dies intestate (without a will) and state statue would define how the estate is distributed. As a niece, she is very low in the order of distribution.
Answered on Feb 11th, 2014 at 3:22 PM
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It is too hard to say without knowing how long they were married and what property is involved. SEE AN ATTORNEY.
Answered on Feb 11th, 2014 at 3:21 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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I don't believe you have any rights by way of intestate succession. You should check you father's Will or other estate planning to determine if you had rights through those documents. Of course, you should oppose the Will Contest.
Answered on Feb 11th, 2014 at 3:21 PM
If the court rules in her favor in the contest, then the estate will be probated by the latest will preceding this one or if none then by the rules of intestate succession. As you are not related to her by blood, you would not be one of her intestate heirs. You should consult a probate attorney and bear in mind that will contests are not favored by the courts.
Answered on Feb 11th, 2014 at 3:21 PM