Is it possible to contest a will after father passed and how? 18 Answers as of December 30, 2013

My father just passed. He left everything to my stepbrother, no blood relation. He was going to change it but was told it was iron clad. I am the eldest of his 5 natural children. Do I have a case?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Robert Beatson II | Robert Beatson II
Suggest you talk to an attorney who handles Federal/MD estate matters. Information will need to be assembled and carefully reviewed for a proper analysis. An experienced estates attorney in MD should be able to handle this type of matter and to protect the interests of the client.
Answer Applies to: Maryland
Replied: 12/30/2013
Stephens Gourley & Bywater | David A. Stephens
Yes. You contest it by filing an objection to the probate of the will.
Answer Applies to: Nevada
Replied: 12/5/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
You would need to show that at the time your Father signed his Will he lacked mental capacity (supported usually by medical testimony) or your step brother or someone asserted undue influence over your Dad.
Answer Applies to: Michigan
Replied: 12/5/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Yes. However, you would have to prove that father was coerced into making the will in stepbrother's favor.
Answer Applies to: Florida
Replied: 12/5/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney for an opinion of the options available.
Answer Applies to: Michigan
Replied: 12/5/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    There are some ways to contest a Will after the death of the person who made it. Generally, you have to show who the Will does not follow the proper procedures or was obtained by undue influence or fraud.
    Answer Applies to: Oregon
    Replied: 12/5/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You certainly have standing to challenge the will. Whether you have a good case depends on lots of factors not described in your note. "He was going to change it but was told it was iron clad." Who told him this? What does it mean? I would think that an "iron clad" will is one which cannot be successfully challenged. But the testator (the one whose will it is) can always change a will or revoke it. Perhaps there was undue influence? How can you prove that was going to change it?
    Answer Applies to: California
    Replied: 12/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Only if your step-brother exerted undue influence on him or your father was not competent at the time he executed the will. Talk with a local attorney about the issues to see if it is worth spending the money on challenging.
    Answer Applies to: Idaho
    Replied: 12/5/2013
    Attorney At Law | James G. Maguire
    Probably not. You would have to prove that he was mentally incompetent when he executed the will.
    Answer Applies to: Louisiana
    Replied: 12/5/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Iron clad? Anyone of sound mind can always change a will. It is suggested that you see an experienced lawyer ASAP.
    Answer Applies to: California
    Replied: 12/5/2013
    Estrada Law P.C. | Michele Ungvarsky
    It depends on the circumstances and how the will was drafted. Seek advice from an Estate Planning Attorney.
    Answer Applies to: New Mexico
    Replied: 12/5/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to show/prove your father was under duress or did not have the mental capacity to make the will. It is a high bar to prove.
    Answer Applies to: Washington
    Replied: 12/5/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No will is "iron clad." However, perhaps he created an irrevocable trust instead of a will. You can challenge a will in probate court.
    Answer Applies to: Nebraska
    Replied: 12/5/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You should meet with a probate litigation attorney where your father died. This forum cannot address the facts and circumstances of your case. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 12/5/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes. Obtain a probate litigation attorney immediately top contest the will; the attorney may find different grounds upon which to make the case of contest.
    Answer Applies to: California
    Replied: 12/5/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Before you contest a will, you need to know what assets are going through probate in regard to your father's estate. You need to make the determination that it is worthwhile to challenge the will. The next question to ask is why would your father disinherit his 5 natural children and leave everything to a step-son. The reasons are usually undue influence or being incompetent at the time the will was signed. Look at the date of the will and ask yourself if you have evidence of your father's incompetency at the time he executed it or if there was any reason for undue influence by your step-brother. Finally, who told your dad that one he made a will, he could not change it? A will can be changed or revoked at any time. Once you have the answers to these questions, see an attorney in regard to a will contest so the attorney can make an evaluation at to a will contest.
    Answer Applies to: Missouri
    Replied: 12/5/2013
    James Law Group
    James Law Group | Christine James
    It is hard to say. MUCH more information is needed. If your stepbrother was close to your father and you were not, you may have a hard time. In any event you have to prove undue influence and/or lack of capacity. See an attorney NOW. Most will give a free consultation for you to discuss your case.
    Answer Applies to: California
    Replied: 12/5/2013
    Frederick & Frederick PLC | James P Frederick
    What do you mean, "he was going to change it, but was told it was iron clad?" A person can always change their Will, as long as they have capacity. There is no such thing as "iron clad." You cannot contest a Will simply because you do not like what it says. If there are other facts, and it sounds like there could be in your case, then you might be able to challenge it. You would need to see an attorney to do so.
    Answer Applies to: Michigan
    Replied: 12/5/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney