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Reply to "Strange Inheritance Situation - Need Perspective"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I'd love to hear the legal grounds pps think this will can be contested? Note, legal grounds does not include the hurt feelings of adult children: The will failed to comply with the statutory requirements for it to be valid, often an issue where wills are handwritten (in whole or in part), unsigned, not witnessed or not notarized Breach of fiduciary duty, for example where a power of attorney does something in their self-interest instead of in the interest of the person they are supposed to be serving Duress (threat of violence, abuse, or other unethical, coercive action) Fraud that affected the details of the will Forgery Misrepresentation Someone used undue influence to ensure that the terms of the will benefited them The person who made the will can be proven to have been mentally ill, incapacitated, or otherwise lacked the capacity to make a will[/quote] You forgot about assumptions. There is an assumption that you would provide for your surviving spouse and children. If you want to disinherit them, you have to provide for that in the will. If you don’t, it is grounds for a contest. OP, I’d ignore them. And only if you get served with a lawsuit or if you are really worried about it would I even bother to call a lawyer. [/quote] My God. Please cite the legal ground of assumptions. [/quote] Obviously you've never taken a wills and estates class. So, the short version is this. Most courts will assume that you forgot to mention your children if you don't make your intentions to disinherit them perfectly clear in your will. There are ways to do that. But simply not mentioning them will likely lead a court to assume that the deceased forgot and it will form the basis for overturning a will. [/quote] also, depending on when the will is dated, mental capacity or undue influence. It may get nowhere, but it will burn money, keep the estate open, and cause your mother grief. If my dad did this to me, I'd contest it simply as a final f*&k you too [/quote] If your dad did it to you out of the blue, sure. But these adult "kids" know why they are not included. Have they no shame or decency?[/quote] Again, you don’t know the whole story here. [b]I would never disinherit my kids[/b]. [/quote] Oh, it's you again. We know, we know; your kids could never do anything to make you disinherit them, it's your job to love them, not their job, blah, blah, blah. Is that about it... again? [/quote]
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