Full question:
My step dad offered me 50,000 to make his house and property sellable. A task that took us 9 monthes of hard labor. He was in kansas,for an extended visit- He Knew this was the last time he would go back to see my brother. Before he could get back to The Dalles, Were he had arranged to rent a house from his friend. He had a heart attack and then a dibilitating stroke. I was the executor of his sizable estate, and benificiary to half. But because of my health and inability to travel. I relied on my brother, who i trusted with my life, BIG MISTAKE. Somehow in my stepdads condition a new will surfaced and i was not only completly removed, but am having trouble getting the trust company to pay the legitimate debt. even with the testimony of the realtor. Before my stepdad died,he loved me as much as i loved him. But it appeared that near the end my brother convinced him I was evil.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Oregon
Answer:
It is possible to contest a will if you believe it was invalid due to several factors, such as the deceased's lack of mental competency, undue influence, or failure to comply with state law. A non-contestability clause in a will may disinherit anyone who challenges it. To prove competency at the time of signing, some wills are videotaped, with questions posed to the testator.
A will contest questions whether a will should be admitted to probate, focusing on the decedent's wishes regarding estate distribution or guardianship. Discontent with a will's provisions alone does not justify a contest. Validity issues arise if the will was not properly executed, if the decedent lacked mental capacity, or if there was fraud or undue influence involved. If a contest is successful, the entire will may be invalidated, or only the contested parts may be rejected. If the entire will is disallowed, the court will distribute the estate as if there was no will, potentially using a previous version if applicable under state law.
Contesting a will can be costly and time-consuming, and legal standing is required, typically involving individuals mentioned in the will or those who should have been included based on their relationship to the decedent. It is advisable to consult a local estate attorney who can review your specific case and documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.