New York, NY asked in Probate for Pennsylvania

Q: My parents divorced, my father remarried and left me $1, I'm his only heir. Can I contest the will?

My father abused both my mother and myself. He destroyed my life by leaving me for dead at 18 and took my room for a den. He remarried a gold digging viper that's been married 4 times prior. I'm his only child. He's worth millions and has an a large estate. He said he created a trust that only has 100K. Meanwhile, I haven't seen this trust. His wife said I was only left $1. Can I contest his will in probate court when he passes?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Anyone with a few hundred dollars to petition a court CAN contest a will, but I bet the question you wanted to ask is 'will it make sense for me to contest the will'.

The answer to that is 'probably not'. Unless you can show your father was not of sound mind, or that he was 'unduly influenced' (think 'gun to the head') when he made the will cutting you out, there isn't likely going to be a legal basis for challenging the will. He can cut out a child for any reason, or no reason at all, provided he knows what he's doing, and that is that.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Assuming you are not a minor child he can. However you are taking the "viper's" words. You would want to see the will if he left one.If he hasn't passed, then he can do as he wishes and is under no legal obligation to do otherwise. (You would have a claim for the abuse but that is likely barred by the statute of limitations).

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