Legal Question in Wills and Trusts in Arizona

left nothing

my father loved us. yet the will that the girlfriend provided us with names us but leaves everything to her.the will was written 10 years ago signed by 2 of her friends. it's in probate what can we do?we all think there is another will do to the fact of their crumbling relationship over the past few years. he died in a nursing home.he could have come home earlier but she made him wait till all 120 of medicare was used up. can we contest that he loved his children helped them along in their lives and to give her a very wealthy women everything doesn't make sense. what kind of objection can we make?


Asked on 3/09/09, 6:12 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: left nothing

You can contest the Will, but it is your burden to prove that the Will is not valid for a legal reason, such as the Decedent was under undue influence, other constraint, lacked capacity to make a Will, mistake, etc..

This is the classic Will contest case, the children of the first marriage against the girlfriend or second wife. It is not uncommon for a dad to leave everything to his current wife, believing that she may need the money and that she will give it to his children at some later time. It does not mean that he didn't love you or forgot to provide for you.

You must take action at once, if you are going to do so. The children can come together and perhaps hire one lawyer to represent all of you.

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Answered on 3/09/09, 12:25 pm


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