Q: I am listed as beneficiary on my father’s will. It by name excludes my sister. Should I be concerned about her contestin
The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
A: Will has no effect until the testator dies and the Will if filed for Probate. It can always be destroyed or changed by the testator until his death.
A: Assuming your father is still alive, he could communicate with her his wishes and this would reduce the risk of litigation. He could also initiate ante-mortem probate to make sure the will gets admitted while he's alive. If she's getting an attorney, then you probably need to speak to one as well.
A:
Yes. Most wills include provisions that disinherit anyone contesting a will. In this case, she is already disinherited, so there is no downside to her contesting the will.
On the other hand, will contests are HARD. It is very difficult to prove either undue influence or lack of capacity, the most common methods of invalidating a will. Most attorneys will require a substantial up-front payment before taking something like that on. If she lacks the assets for that kind of challenge, a legitimate claim is unlikely.
1 user found this answer 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.
