explain the hows and whys of an estate fight

[Anonymous]

I am mulling over contesting my grandfather's will. My brothers and I were not mentioned. All the other grandchildren were. Oh my dad not mentioned either. Will did not say that we were not to be included but just did not have our names in. Previously when grandmom was alive will was for all the grandchildren and not the children. I think my dad's siblings were pressuring my granddad (most don't work and kids have issues) and I am annoyed. It is beyond the money--a bit but not life changing. I am just annoyed that yet again they are making a money grab. Previously one of my aunt's talked grandpop into paying for her kid's college. We had to work and would not have dreamed to asking. It also feels icky like we did something--we didn't as my brother's and I are good people. So what is this process. Anyone been through it? How many years? I am okay to slow roll as I would like them to think about it no matter who wins. My dad thinks we should do this. He also thinks the orginal will that was announced with grandmom alive should stand. He feels that he shouldn't inherit because that was their intention and they were married 50 years at the time. Anyway..thinking this all through and would love input.

[Anonymous]

Your dad would have more right to contest. As I understand it, you can't cut a son out without stating it.

What state?

[Anonymous]

I would talk to a lawyer in the state your grandfather died in. Laws vary by state as to what could be contested. Your dad would certainly have greater standing than you would in any fight.

[Anonymous]

People are free to change their wills. What evidence do you have that it was changed under duress?

[Anonymous]

Anonymous wrote:Your dad would have more right to contest. As I understand it, you can't cut a son out without stating it.

What state?

Y

Anonymous wrote:
You actually can, but when you list all but one child it's questionable whether it was an oversight or deliberate exclusion. So an attorney would advise you to mention everyone even if only some are inheriting.

[Anonymous]

Anonymous wrote:I am mulling over contesting my grandfather's will. My brothers and I were not mentioned. All the other grandchildren were. Oh my dad not mentioned either. Will did not say that we were not to be included but just did not have our names in. Previously when grandmom was alive will was for all the grandchildren and not the children. I think my dad's siblings were pressuring my granddad (most don't work and kids have issues) and I am annoyed. It is beyond the money--a bit but not life changing. I am just annoyed that yet again they are making a money grab. Previously one of my aunt's talked grandpop into paying for her kid's college. We had to work and would not have dreamed to asking. It also feels icky like we did something--we didn't as my brother's and I are good people. So what is this process. Anyone been through it? How many years? I am okay to slow roll as I would like them to think about it no matter who wins. My dad thinks we should do this. He also thinks the orginal will that was announced with grandmom alive should stand. He feels that he shouldn't inherit because that was their intention and they were married 50 years at the time. Anyway..thinking this all through and would love input.

Just intrigued by the irony here.

[Anonymous]

As grandchildren I think you have little standing. Your father would have a better chance.

[Anonymous]

Op, no one forced him into paying college tuition. He was elderly and likely wanted his money to go to good use. Just because you didn't ask doesn't mean those who did are bad people.

It sounds like the other part of your family isn't as well off as you. Perhaps your grandfather wanted to set them up with money but didn't see you all needed it. This is your dads fight, not yours. 1. You are money grabbing and 2. Your dad has to decide if he would rather fight for the money at the risk of losing his relationships with his siblings.

[Anonymous]

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.

[Anonymous]

Anonymous wrote:I am mulling over contesting my grandfather's will. My brothers and I were not mentioned. All the other grandchildren were. Oh my dad not mentioned either. Will did not say that we were not to be included but just did not have our names in. Previously when grandmom was alive will was for all the grandchildren and not the children. I think my dad's siblings were pressuring my granddad (most don't work and kids have issues) and I am annoyed. It is beyond the money--a bit but not life changing. I am just annoyed that yet again they are making a money grab. Previously one of my aunt's talked grandpop into paying for her kid's college. We had to work and would not have dreamed to asking. It also feels icky like we did something--we didn't as my brother's and I are good people. So what is this process. Anyone been through it? How many years? I am okay to slow roll as I would like them to think about it no matter who wins. My dad thinks we should do this. He also thinks the orginal will that was announced with grandmom alive should stand. He feels that he shouldn't inherit because that was their intention and they were married 50 years at the time. Anyway..thinking this all through and would love input.

Life has never been, nor will it ever be, equal. Grab your peace from your own accomplishments and let this go.

[Anonymous]

Let
It
Go

[Anonymous]

Anonymous wrote:

Anonymous wrote:Your dad would have more right to contest. As I understand it, you can't cut a son out without stating it.

What state?

Y

Anonymous wrote:
You actually can, but when you list all but one child it's questionable whether it was an oversight or deliberate exclusion. So an attorney would advise you to mention everyone even if only some are inheriting.

You can absolutely cut out a son without stating it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I am mulling over contesting my grandfather's will. My brothers and I were not mentioned. All the other grandchildren were. Oh my dad not mentioned either. Will did not say that we were not to be included but just did not have our names in. Previously when grandmom was alive will was for all the grandchildren and not the children. I think my dad's siblings were pressuring my granddad (most don't work and kids have issues) and I am annoyed. It is beyond the money--a bit but not life changing. I am just annoyed that yet again they are making a money grab. Previously one of my aunt's talked grandpop into paying for her kid's college. We had to work and would not have dreamed to asking. It also feels icky like we did something--we didn't as my brother's and I are good people. So what is this process. Anyone been through it? How many years? I am okay to slow roll as I would like them to think about it no matter who wins. My dad thinks we should do this. He also thinks the orginal will that was announced with grandmom alive should stand. He feels that he shouldn't inherit because that was their intention and they were married 50 years at the time. Anyway..thinking this all through and would love input.

Life has never been, nor will it ever be, equal. Grab your peace from your own accomplishments and let this go.

Words to live by. If only more grown adults knew this, they wouldn't be trying to keep up with their very own imaginary Joneses. Seriously.

[Anonymous]

You are talking about an extreme upward battle that will likely cost you more in legal fees than what is available under the will. It is NOT easy to contest a will in most jurisdictions, at least not if you plan on winning.

[Anonymous]

OP, I am sorry. It really is legitimately upsetting to be cut out in this way.

This is really fact specific and depends on the law of the state. Is there any reason (and evidence) to think that your grandfather was not competent or unduly pressured when he rewrote the will. did your grandmother leave all her assets to your grandfather with the stated intent they would be passed down to all grandchildren equally?

How much money are we talking about? As mentioned above, this will be really expensive.

I am sorry, family and money is the worst. I have a family member that is a trusts and estates litigator, it is an ugly area of the law.

I expect the relationship between your father and his siblings is pretty damaged already and I would understand if this choice (if it was a choice) by your grandfather will cement the damage regardless of whether you litigate.