Legal Question in Wills and Trusts in Florida

Contesting a will

Can I as my father's only child, and no other children as a result of his marriage to my stepmother, contest a will drawn by my stepmother in order to obtain some of their asstes? If so how and on what grounds?


Asked on 4/26/98, 10:52 am

5 Answers from Attorneys

WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

will contest by stepchild

If I understand yoy correctly, you can only contest a will if you have standing. You have to look to state law as to whether or not a step child woud take under the statute of descent and distribution which would give you standing. Contesting a will is not a simple task in any event absent undue influence or capacity to make a will.

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Answered on 5/14/98, 9:48 pm

I believe you have standing; you are not his step-child.

But are you a minor?

Maybe your father remembered you and put money in trust to benefit her until she dies and then pay out the rest (or mete it out) to you. Wills (not trusts, though) are publicly filed.

Hire an attorney and for a couple hundred bucks, get the facts, if you don't have them.

Presumably he could well have left it all to you and if you'renot a minor [ BUT THIS PART DEPENDS ON YOUR STATE'S LAWS! ] you may well have rights to "take against the will" (meaning toget a share in spite of the will. You would usually have to exercisesuch a right within some number of months of his dying, so don't be a slouch!

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/15/98, 12:58 am
Weston Cotten Weston Cotten Attorney at Law

Will Contest, or no

Most of your answer will be determined by the laws of the state where your father and step-mother died. Contact an attorney and give him?her all the facts surroundign your father's death and will rpobate if any.

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Answered on 5/15/98, 1:56 pm
Alan Pransky Law Office of Alan J. Pransky

You can challenge the will

Wills can be contested on the grounds of undue influence, incapacity, or fraud. As a child, you have the right to contest the will. However, you still must be able to prove your case. Merely being eliminated from the will does not constitute grounds for setting it aside.

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Answered on 5/15/98, 3:07 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Fl/SD Will Contest by step-son?

Can I as my father's only child, and no other children as a result of his marriage to my stepmother, contest a will drawn by my stepmother in order to obtain some of their asstes? If so how and on what grounds?

I'm amazed at the number of responses you receive to your inquiry none of which were from either of the states you mentioned.

If your father and step mother lived in Florida, and if your father owned the home in his name alone, you may have some homestead rights to inherit the home.

If your father had been married to your step mother for any lengthy period of time, then the home was more than likely in joint names and passed to her by survivorship. This would probably be true for all personal property. If this is truly the case, then your chances of contesting her will are minimal and would result in no inheritance to you. You are not legally related to her and by law are not entitled to inherit from her if she has no will. If you invalidate her last will, then a former will would take its place and if none,then she would die intestate and you would not receive anything.

Get ready to spend a lot of money. I know of no attorney that would handle this case without being paid a minimum retainer.

You might consider a different approach while she is still alive. Call your step mother; write her letters; visit her; invite her to visit you. Respect her and try to love her and otherwise treat her as your mother. She then might reciprocate and treat you as a child.

If she has already passed away, then you have a real expensive uphill fight.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

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Answered on 5/17/98, 12:19 pm


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