explain the hows and whys of an estate fight

[Anonymous]

Anonymous wrote:I would contest it. My BIL was excluded from his dad's will. His dad left everything to his sister (BILs aunt). He contested it and won even though everyone knew his dad hated him.

That's different. That is a child contesting a will, not a grandchild.

[Anonymous]

Let it go. It will cost you more to fight the will (money, time, and energy) than it is worth. Your aunts and uncles have issues. Think of the will as an act of charity to them; it sounds like they need it. You can afford to be the bigger person.

[Anonymous]

I wouldn't do it. It is legal to have a will that's totally unfair. You will probably spend more in legal fees than you would get, anyway.

[Anonymous]

I have seen family members (my wife's side) influence an elderly relative to change her will. For years and years she had always made it known how her estate was to be handled. Once she passed away, the will was totally different than how she explained it was going to be.

It is unlikely that she would have changed her mind, but I have no evidence one way or the other. It was just one of those things in life that didn't seem right at the time. Do I think that she was manipulated into making the changes? I sure do, but I put it behind me and don't worry about it.

Life isn't fair, but it's not fair to everyone, which kind of makes it fair.

[Anonymous]

Not OP but don't all wills have to go through probate if a son/daughter wasn't mentioned?

My grandpa died and my grandma is cutting her stepson down to 5k while all the other siblings are getting about 300-400k. We've tried changing her mind and it isn't working.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I would contest it. My BIL was excluded from his dad's will. His dad left everything to his sister (BILs aunt). He contested it and won even though everyone knew his dad hated him.

That's different. That is a child contesting a will, not a grandchild.

But I still think she should contest it and her dad should as well. You just never know. Everyone kept telling my BIL he had no chance in hell and yet he is a millionaire today.

Op let a lawyer tell you there is no chance before you give up.

[Anonymous]

OP, you don't just "challenge" a will because it's unfair.

You have to show either duress or incompetence. It's not like overturning a court case. People have the right to make unfair or even absurd wills -- leaving everything to a duck -- if they are competent to do so and no one forced them to.

[Anonymous]

The OP is asking about what's involved and how it works.
The abovementioned answers are real and should be considered.
My family went through this and despite all being closed now, there is deep seeded bitterness and resentment as a result.

My feeling is that you make peace with the death and ignore the will.
How do you think tour grandfather would feel knowing what you are considering? Not a guilt trip, but something that I think abour with my situation.

[Anonymous]

OP, why was your dad cut out in the first place? Do you have any idea why the will was changed? Why are all the other grandkids listed? Is there a rivalry or bad-blood between the siblings? If you can prove that grandpa was manipulated or influenced by family then at least talk to a lawyer. Some older folks can definitely fall victim to influence when drawing up or changing a will.

[Anonymous]

Anonymous wrote:OP, you don't just "challenge" a will because it's unfair.

You have to show either duress or incompetence. It's not like overturning a court case. People have the right to make unfair or even absurd wills -- leaving everything to a duck -- if they are competent to do so and no one forced them to.

+1. And the standard for competency is low and duress is high. Meaning, these are hard to win.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP, you don't just "challenge" a will because it's unfair.

You have to show either duress or incompetence. It's not like overturning a court case. People have the right to make unfair or even absurd wills -- leaving everything to a duck -- if they are competent to do so and no one forced them to.

+1. And the standard for competency is low and duress is high. Meaning, these are hard to win.

+2. Do you even have a copy of the will you prefer? If not it's he said/she said.