QUESTION
Can we dispute a will when someone unwittingly leaves everything to a step child?
Asked on Oct 08th, 2020 on Wills and Probate - Oregon
More details to this question:
My father in law just passed away from suicide after he was diagnosed with stage 4 throat cancer. He has 3 surviving children and 2 step children. His wife (the step daughter’s mother) passed away 2 years ago. My father in law told my husband and his sisters that there was a will and that they were entitled to several things. Apparently he didn’t know that his wife changed it previously so her 2 daughters inherited the entire estate. They are not willing to let my husband or his sisters have access to anything, and one of the daughters has his wallet with his bank account card that she has been spending money off of. The estate lawyer says we have to wait for approximately 2 weeks for the will to clear the courts(?), and that essentially my husband and his sisters are not receiving anything (including personal child hood items) from the estate. My husband had a good relationship with his father. How is this possible? Is there anything we can do?
1 ANSWER
2 Awards
From your description, it is not clear what has happened. No one can change a Will but the person whose Will it is. Your stepmother's daughters are entitled to her estate. If your father left everything to his wife without adding that if she predeceased him, his estate would pass to his children, you may well be out of luck. Or you might convince the court that this was a scrivener's error. It appears from your description that you already have a lawyer. That lawyer knows the facts and local court procedures better than anyone on this listserv.
Answered on Oct 09th, 2020 at 5:18 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.