What should I do to challenge my late father's will? 19 Answers as of July 18, 2013

I recently challenged my late father's will since in the will, he had mentioned my step sister and a close friend as the administrators but I find it strange since I am from the other mother and there is no way one house can administer my father's properties. How should I go about it?

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
You should speak with an attorney about the specifics. It is hard to say if you need to challenge the Will. By challenging it you may end up with nothing under Nevada law.
Answer Applies to: Nevada
Replied: 7/18/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Get an attorney to help you with this.
Answer Applies to: Florida
Replied: 7/18/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You can either retain an attorney to file a will contest or you can try to do it yourself. If you do it yourself, you will have to follow all of the rules of court.
Answer Applies to: Missouri
Replied: 7/18/2013
Frederick & Frederick PLC | James P Frederick
I do not see any basis for a challenge, here. Unless your father was incapacitated when he signed the Will or subject to undue influence, both of which are very difficult to prove, I do not think any court will allow you to change your father's wishes. If there is some valid reason why your step-sister could not be PR, then the court might agree to appoint a public administrator to handle the estate. I think you should run this by a probate attorney to see if this is worth your time to even think about.
Answer Applies to: Michigan
Replied: 7/16/2013
Law Offices of George H. Shers | George H. Shers
You need an attorney to review the facts to see if you have a case. You can not do so objectively yourself nor know what legal arguments to raise. From the limited amount of information you have given, you have no legal basis to attack the Will. It may be unfair, but people are allowed by the law to be unfair.
Answer Applies to: California
Replied: 7/16/2013
    Durkin Law, P.C.
    Durkin Law, P.C. | Roger Durkin
    Contact Attorney Paul Sweeney at Chatham Street in Boston, He has the experience challenging wills, called will disputes.
    Answer Applies to: Massachusetts
    Replied: 7/16/2013
    James Law Group
    James Law Group | Christine James
    Your question is not entirely clear, however I would CALL an estate attorney to discuss your issues directly and find out what can be done. Most attorneys give free consultations.
    Answer Applies to: California
    Replied: 7/18/2013
    S. Joseph Schramm | Joseph Schramm
    A testator can name nearly anyone he wishes to serve as the executor ( executrix ) of his estate. This can include your step sister and a close personal friend. You would have to show some sort of fraud, duress or undue influence involved in the selection of his personal representatives and this is generally difficult to prove, and in this case, insufficient based on the facts you have given. Your only other option would be to watch for any mismanagement, fraud or wasting of assets in your father's estate during the course of administration and, if you feel that it is occurring and that you can prove it, file an action with the Orphans' Court Division of Common Pleas. This is usually an expensive proposition and generally is not successful unless the evidence is pretty strong.
    Answer Applies to: Pennsylvania
    Replied: 7/16/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Your father had the absolute right to nominate his choice for Personal Representative of his estate. Challenging the ability of nominated Personal Representatives to serve in that capacity is not the same as challenging the Will. When the nominated Personal Representatives commence probate of the Will, they will Petition the court for probate of the Will and for their appointment as Personal Representatives. They are not actually Personal Representatives until they are formally appointed by a court. A hearing will be scheduled giving you an opportunity to object to their appointment as Personal Representatives. You can give reasons at that hearing why you object to these individuals being appointed. The above paragraph assumes a formal probate. If there are several properties involved, this is the most likely process.
    Answer Applies to: Minnesota
    Replied: 7/16/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    Since you mention no issue in your question which is the basis for challenging a will, we advise you to explain in detail your objections and be counseled regarding a valid will challenge. Your father and each competent person has a right to express his wishes in the will. One child does not have rights superior to others. A person may disinherit all adult children and give benefits to non-family members. Spouses have definite rights but adult children must rely on the expressed intentions of their parents. You must find a valid reason for challenging a will such as incompetent, lack of soundness of mind, undue influence of another person, fraud, and lack of proper execution of the will.
    Answer Applies to: Florida
    Replied: 7/16/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Challenging a will is not a small undertaking.
    Answer Applies to: Michigan
    Replied: 7/16/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You unless the will can be challenged as invalid or the result of coercion or undue influence or lack of capacity, you can't.
    Answer Applies to: Colorado
    Replied: 7/16/2013
    Gates' Law, PLLC | Thomas E. Gates
    You will have to show the the will was defective in some fashion. Undue influence, mental capacity, in firmed, etc.
    Answer Applies to: Washington
    Replied: 7/16/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Seek consultation from a probate litigation lawyer to assist and advise you of your options.
    Answer Applies to: California
    Replied: 7/18/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You file an objection to the probate of the will in the probate court. It's not clear to me what your objection is; if you are only objecting to the appointment of your step sister and a friend as personal representatives, I'm not sure that you have a very substantial basis for challenging the will.
    Answer Applies to: Oregon
    Replied: 7/16/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Hire a Probate Attorney in the County ad he/she will tell you what to do. Their fees are set by Statute.
    Answer Applies to: California
    Replied: 7/18/2013
    Stephens Gourley & Bywater | David A. Stephens
    You would file suit and have to provide evidence why that will did not reflect your father's intentions, such as undue influence, incompetent, etc.
    Answer Applies to: Nevada
    Replied: 7/16/2013
    Danville Law Group | Scott Jordan
    Has probate been filed? Why do you say that "there is no way one house can administer my father's properties?" If probate is filed, the court will generally appoint one person to conduct estate business and report to the court as required. Perhaps there is more to the story.
    Answer Applies to: California
    Replied: 7/16/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    Good Question. I urge you to meet with an attorney near you to discuss the matter and to determine whether or not there is a legal basis for a challenge.
    Answer Applies to: Indiana
    Replied: 7/18/2013
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