Can I afford arbitration?j

First thing to know is that the Will does not control the distributioon of the retirement account, unless it was payable to the Estate or became payable to the Estate as a result of a lapsed beneficiary designation.  If there was a viable, valid beneficiary designation, then it would control the retirement distribution rather than his Will.  In addition, if it is an ERISA retirement plan, this is even more true because the Federal ERISA law preempts (trumps) all state law in relation to the distribution. A question I have is: how did she get possession of his retirement money?  If it was payable to her after his death, then she owes you nothing and you cannot win.  The fact that she is making a "small settlement" offer indicates she either has a guilty conscience (has done something wrong) or, simply, that she wants to end any dispute before it starts. Based upon your basic question, it does not appear that you can do much about this situation, short of your father doing something when he was incapacitated or unduly influenced or some obvious fraud.  You also need to decide whether taking action is worth it.  You did not state the value of the retirement account, so the cost-benefit analysis could not be made.  If the retirement is relatively small in relation to litigation costs, it may not be worth it to throw your good money (in your pocket) chasing the "EVIL step-mother."  I cannot answer this question with the information you have provided. Sincerely, Kevin Spencer www.spencerlawpc.com