Legal Question in Wills and Trusts in Maryland
Can children from a previous marriage challenge a will?
Can I challenge my fathers will, now that he has married again and left everything to my step brothers. The property and house were a part of my moms marraige with my dad, then he married again and his second wife died leaving him with 3 step brothers. My dad only named them in the will, not my brother or myself. Do we have a chance or legal legg to stand on? Is there anything my mother (first wife) or my brother and I can do?
2 Answers from Attorneys
Re: Can children from a previous marriage challenge a will?
Numerous challenges can be brought. Incompentency, undue influence,
defects in the will both with its language or adoption, and other challenges exist.
It is significantly more advantageous to contest this matter while your father is still alive rather
than after he passes, the latter being referred to as a caveat to the will upon probate. Caveat contests are complex and
difficult to win.
G. Joseph Holthaus III
(410) 799-9002
Re: Can children from a previous marriage challenge a will?
You can challenge a will on numerous grounds,
the primary grounds being incompetency or undue
influence on the parent, irreglarities in the
will document itself, breach of promise by the
parent to leave something to the children. Actually
depending on the circumstances the list of
challenges could be quite extensive. If you wish
to contact me to discuss your situation on a
no-obligation basis, you can call Tom DeCaro at
301-464-1400. This question is very fact-
specific and the best way to explore this is
a meeting or phone discussion.
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