Posted: 1/29/2012 10:55:10 PM EDT
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Is it possible to contest a will over family land and win, or is a will set in stone? Posted Via AR15.Com Mobile |
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Someone shouldt even be allowed to comtest a will. If that was the persons wishes, so be it. If a will is done improperly, it can raise doubt as to whether it actually represents the wishes of the deceased. Like if THAT aunt you were never sure about shows up with a new will drawn in crayon with a crappy signature, it might not be legit. |
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My grandfather remarried at 82, died a year later after being ill for most of the year. His widow got everything, which is fine, including the family farm, which is not fine. My great grandmother, who is still alive and living there at 101, put the land in his name back in the 80s for the usual reasons. Now his widow, who she never met, owns her land. She won't be able to touch it until my grandmother dies or moves into a nursing home, but grandma ain't happy about the situation and wants the land to stay in the family. Posted Via AR15.Com Mobile |
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There are lots of ways to contest a will and slimy lawyers are diligently trying to find new ways right now.(well at least their paralegals are, it's late right now) On what grounds do you think it should be contested? I am a lawyer. I have a case right now where an elderly woman was declared incapacitated by a Court. The hospital she was in was concerned for her and requested the appointment because a handyman she had known for less than a year showed up with a power of attorney. That would have allowed him access to her bank accounts. She scored a 10 out of 33 on a mental evaluation. Less than 16 is seriously impaired. A week later handyman gets her to sign a will leaving everything to him and cutting the woman's brother out. The guardian who met with her that week says she did not know what planet she was on. Her brother was the beneficiary under a will she did years ago. I filed suit. Am I slimy in your eyes? |
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Did you grandfather have a will specifically leaving "everything" to his new wife? or did she get everything because there was no will? If there was a will, was your grandfather mentally capable of signing a will and understanding the consequences at the time that will was signed?
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There are lots of ways to contest a will and slimy lawyers are diligently trying to find new ways right now.(well at least their paralegals are, it's late right now) On what grounds do you think it should be contested? I am a lawyer. I have a case right now where an elderly woman was declared incapacitated by a Court. The hospital she was in was concerned for her and requested the appointment because a handyman she had known for less than a year showed up with a power of attorney. That would have allowed him access to her bank accounts. She scored a 10 out of 33 on a mental evaluation. Less than 16 is seriously impaired. A week later handyman gets her to sign a will leaving everything to him and cutting the woman's brother out. The guardian who met with her that week says she did not know what planet she was on. Her brother was the beneficiary under a will she did years ago. I filed suit. Am I slimy in your eyes? Red=Pink Kidding , kidding. Sounds like youre doing exactly what you should be, good job. |
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Someone shouldt even be allowed to comtest a will. If that was the persons wishes, so be it. If a will is done improperly, it can raise doubt as to whether it actually represents the wishes of the deceased. This And nothing is set in stone when lawyers get involved. |
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My grandfather remarried at 82, died a year later after being ill for most of the year. His widow got everything, which is fine, including the family farm, which is not fine. My great grandmother, who is still alive and living there at 101, put the land in his name back in the 80s for the usual reasons. Now his widow, who she never met, owns her land. She won't be able to touch it until my grandmother dies or moves into a nursing home, but grandma ain't happy about the situation and wants the land to stay in the family. Posted Via AR15.Com Mobile If your grandfather legally owned the land, then he can dispose of it however he likes. You are unlikely to prevail in challenging the will unless you can demonstrate he was coerced, or not "of sound mind" when he wrote the will. You said he was sick... maybe an avenue there? Another possibility to approach her about it and see if she'd sell it. Good luck! |
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Did you grandfather have a will specifically leaving "everything" to his new wife? or did she get everything because there was no will? If there was a will, was your grandfather mentally capable of signing a will and understanding the consequences at the time that will was signed? What is interesting is that in every state you cannot keep a spouse from taking a portion of the decedent's estate by law. The laws are called elective shares or augmented estate claims. Absent a signed waiver of the right by a spouse, the spouse can force the Estate to pay a sizable percentage to them even if it was contrary to the Will and even if the marriage lasted but a week. In Virginia they have a look back period to capture assets the decedent paid to people as gifts in the 5 years before they died and those persons can be forced to pay it back. I hate those laws. |
| I probably should have mentioned that my grandfather's estate was large, like large enough that I could retire at 33 with the money after his assets were sold off, the farm is just a small portion. The reason I posted is my Dad. He was talking to me about it yesterday and asked if I thought he should get a lawyer. I think that the farm will be sold either way, because Dad would have to split it with his siblings, all of whom would want money. I don't stand to gain anything from contesting, other than being able to keep spending time out there. We will probably let it go and just enjoy it while we can. |
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There are lots of ways to contest a will and slimy lawyers are diligently trying to find new ways right now.(well at least their paralegals are, it's late right now) On what grounds do you think it should be contested? I am a lawyer. I have a case right now where an elderly woman was declared incapacitated by a Court. The hospital she was in was concerned for her and requested the appointment because a handyman she had known for less than a year showed up with a power of attorney. That would have allowed him access to her bank accounts. She scored a 10 out of 33 on a mental evaluation. Less than 16 is seriously impaired. A week later handyman gets her to sign a will leaving everything to him and cutting the woman's brother out. The guardian who met with her that week says she did not know what planet she was on. Her brother was the beneficiary under a will she did years ago. I filed suit. Am I slimy in your eyes? I didn't say they all are just that there are, so there is plenty of case law covering contesting a will. 
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My will specifically says (in fancy legal words) that any person who contests it, hires someone to contest it, or groups up with other people to contest it gets nothing. In interrorem clauses are always interesting. I nailed someone with that once. She was the daughter of the decedent and one of the worst human beings I have ever met. Instead of getting 50%, she got nothing and her brother, one of the nicest folks I ever met, got everything. |
| Thanks for all of the advice, I will pass it on to my dad. I hope that we're not coming across as greedy assholes, because there is a lot more to the story. My grandfather died a wealthy man and left his kids nothing, we are fine with that, it's just hard to see land that's been in the family for so long get sold off by strangers. |