More details to this question:
My father passed, he went to an attorney to file a will. He has told me partially what is in the will, while he was sick my step mom had him sign over his business which 90% was supposed to come to me, she has told my husband, that she is the executor of his estate and she will decide how his estate goes. I have 2 useless step brothers, who weren't around while he was sick but now can't even look me in the eye. Should i wait until she decides what goes where and record that conversation, then contest it? If she had him sign her name on to everything while he was sick with matastsized brain cancer is that legal? should i contest her outcome? Are my stepmother's sons able to still get what they have coming if i contest with or without a will?
1 ANSWER
When a will is presented to a court for probate, all potential heirs must be cited to either consent to the will or come to court to offer objections. Wills can be challenged as invalid on nmany grounds such as undue influence or lack of capacity which may both apply here. I recommend that once you are cited, hire an attorney to represent your interests and keep good notes as to conversations with you dad. Because she is the named executor in the will doesn't give her any authority until the will is accepted as valid. Even when and if it is accepted as valid, her obligations are to follow your fathers wishes, not hers. You will have your day in court.
Answered on Jan 19th, 2013 at 10:00 AM