Concord, CA asked in Estate Planning for Oregon

Q: My father disinherited me on his will, he was a bad alcoholic, can I contest the will based on his irrationality?

His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step brother convinced my dad to disinherit me.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: If your father did not have sufficient mental capacity to make a will when he created the one that disinherited you, or if he had been subjected to undue influence at that time, and if you can prove those things, then you might be able to have the will set aside. If that will is set aside, then his previous will is the one that will be probated or, if he had no previous will, then his estate will be distributed according to the laws of intestate succession. You should schedule an appointment with a will contest attorney to go over your concerns and your evidence. Do not delay. If a probate is opened and the existing will is accepted you will lose your rights to contest it.

Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The ability to successfully contest a Will requires specific facts. I recommend you contact a probate litigator to review your father's specific situation and advise you. Be sure to do so quickly after his death because important time limits apply to this type of litigation.

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