Gainesville, FL asked in Probate for Arizona

Q: Should I contest will & what are possible outcomes? Father created will & marries after terminal brain cancer diagnosis.

My Father was diagnosed with Glioblastoma Brain Cancer in April 2019. Immediately, he was deemed unable to drive and was put on anti seizure meds. Here's a quick timeline of events as they occurred in order.

1. Cancer diagnosis April 2019.

2. Created or changed will and trust June 2019. (Girlfriend drives him to paralegal)

3. Open Brain surgery June 2019.

4. Appears Father had stroke. He fell down one day and thereafter left side of body was paralyzed and he was put in wheelchair (July 2019).

5. Marries girlfriend of 3 years July 2019.

6. Is placed in Hospice bed at home July 2019.

7. Passes away at home August 2019.

As Father's only child, do I have a leg to stand on since he married her? We were close and had great relationship although we live 2,000 miles apart. I can't imagine him leaving me with nothing other than a few pictures and trinkets that are in a shed.

His home, land, 2 cars are paid off. No debt.

Help.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: There is not enough information to answer your question. An attorney would need to review your father’s entire estate plan and possibly also his medical records in order to even start providing any kind of analysis regarding your options.

Ryan K Hodges
Ryan K Hodges
Answered
  • Probate Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: The short answer is that you can contest the will and estate distributions because you are his son. However, the outcome is far from certain one way or the other. You should seek a consultation with an attorney to review your father’s entire estate plan and possibly also his medical records. Additional information about the spouse would also be helpful.

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