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Honored Contributor
Posts: 9,629
Registered: ‎10-25-2010

Re: contesting a will

When my well off Aunt died, she left everything ( material goods)  to her only surviving sister.  My older sister was executor, but she inherited nothing.  She did get an executor fee.

 

Then it was discovered that my sister was on the bank account with my aunt and had been for over 30 years.  The cash in the bank belonged to my sister.   When greedy aunt found out, she wanted the cash too, so she contested the will.  

 

She didn't make out too well, because the bank account wasn't mentioned in the will and the cash belonged to my sister way before my Aunt died.

 

My Aunt tried to contest the will and her lawyer sent my sister and her attorney a letter stating so. My sister's lawyer put a stop to that immediately stating that my sister did not inherit any money, so there was nothing to contest.

 

Valued Contributor
Posts: 545
Registered: ‎10-11-2017

Re: contesting a will

This has nothing to do with contesting a will, but about lawyer fees. When I was getting divorced, the lawyer came right out and said not to make it long and drawn out because in the end, he'd be the only one making any money 

Respected Contributor
Posts: 3,568
Registered: ‎03-19-2010

Re: contesting a will

I never personally experienced a will being contested, but we did have a family member place a claim against the estate.  Expensive and time consuming.

Honored Contributor
Posts: 9,038
Registered: ‎09-08-2010

Re: contesting a will

I know someone who is doing it now. It's been over two years and nothing is settled. I've read that it's tough to win.

Honored Contributor
Posts: 20,248
Registered: ‎05-10-2010

Re: contesting a will

If you are considerint it,  it doesn't matter what anyone else says.  State laws differ and every case would be unique.  Not to say the obvious, you should speak with an attorney.  

Honored Contributor
Posts: 26,260
Registered: ‎03-10-2010

Re: contesting a will

I've never contested a Will but I work for a law firm and we do a ton of probate work so we've worked on estates where others have contested Wills and we've had clients contest Wills.

 

Here in Ohio there is a time limit within which you have to contest so if you are thinking about doing that, contact an attorney asap. 

Respected Contributor
Posts: 4,799
Registered: ‎03-10-2010

Re: contesting a will

I have never contested a will and doubt that I ever would.  I would think the will was what the person who wrote it wanted.  If I thought there was coercion and could prove it, I think I might contest it.

 

Otherwise, no.  Why would I want to fight over someone's money/possessions that they didn't intend for me to have?  It would look like I was greedy.  Not a good look...on me or anyone.

*********************
Keepin' it real.
Honored Contributor
Posts: 26,260
Registered: ‎03-10-2010

Re: contesting a will


@esme wrote:

I have never contested a will and doubt that I ever would.  I would think the will was what the person who wrote it wanted.  If I thought there was coercion and could prove it, I think I might contest it.

 

Otherwise, no.  Why would I want to fight over someone's money/possessions that they didn't intend for me to have?  It would look like I was greedy.  Not a good look...on me or anyone.


You would be surprised.  Money does terrible things to some people.

Respected Contributor
Posts: 3,144
Registered: ‎05-22-2014

Re: contesting a will

After years of working in a law office, all I can say is good luck.

First of all, most attorneys will give someone a brief session with a potential client for no charge.

What I saw was that one would have to prove someone was of unsound mind when they made their will.  Fairness or empty promises did not mean anything.  Anyone is entitled to chose who will inherit when they are of sound mind.

In one case, when one elderly person wanted to change their will, a psychiatrist examined this person to determine they were of sound mind.  In this case, this elderly man had been ignored by a distant relative and was fearful this relative would contest his will.  When he passed, the estate went to non-relatives who had helped him and his invalid wife for many years.  

 

 But I am not an attorney, just recounting what I saw.  

Honored Contributor
Posts: 10,004
Registered: ‎03-10-2010

Re: contesting a will


@CATLOVER wrote:

have you ever contested a will?

what was the outcome?


 

 

@CATLOVER 

 

No, but I sat on the Jury for the very first Will that was over turned in Nebraska. Lasted 4+ days with several attorneys on both sides. That was back around 1974-75 or so. I remember the year because I was still recovering from my 1st back surgery.

 

The side contesting this Will had lots of evidence that the person signing the Will was coerced, and not of stable mind at the time of the signing.

 

 

 

hckynut