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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.