my moms dad married a woman 4 yrs ago she says hes leaving everything to her and she is selling it all does my mom have the right to contest his will for a share of his property?

RickJ

I'm not an attorney, but I did take a couple estate planning courses. To the best of my knowledge, you'd have to contest the validity of the will, if you believe it to be invalid - rather than contesting your grandfather's wishes. A valid will is designed to insure that the deceased wishes are carried out...and if his wishes are made clear in a valid will, then that's what goes.

ScottGem

Yes, your mom has the RIGHT to contest the will. However, whether she will win or not depends on how good a lawyer granddad has. She has to be able to show that either the new wife exercised undue influence in getting the will changed and your mom totally written out. Or prove that granddad was not of sound mind when he wrote the will.

Two things about your post bother me. First, you state "She said...". Have you seen the will? The other is whether your granddad is still alive? If so, has your mom talked to him about it? If granddad has died, then your mom needs to see that will and go to probate court to force a hold on the estate until she does.

Your mom NEEDS a lawyer to advise her. Contesting a will is not for a novice. If the estate doesn't have a lot of value it might cost more then she would get to hire a lawyer.

roperliz

my grandpa is alive but is wife wont let us bring this up i havent seen the will his wife said last week he put everything in her name and before that it was in his ex wifes name. she wont show us the will just told us she was getting the house and cars and life insurance she and her daughter are giving everything away and laughing saying he needs to go soon cause they cant take care of him any longer like i said she married him 4 yrs ago mainly for the money but my grandpa didnt want to be alone.

valinors_sorrow

This is how my mother's estate never made it to her offspring. She left it to my stepfather, who remarried after my mom died and left it to his bride, a stranger. There were no legal means to correct this even though my mother's will specified that it should go to her children in the event they (her and my stepfather) both died. The mistake was made by my mom who trusted her husband to do right by us after she was gone and he didn't honor that trust. He essentially "bought" live-in care for his old age by marrying a younger, penniless woman and left it all to her. Now I know the amazing price of one man's integrity. Cie la vie!

CaptainForest

Pay a visit to your grandfather and talk to him about this!

Visit with him alone!!!

Ask grandpa if you can spend alone time with him, have him kick out the wife if she is around.

Then when you are alone, ask him!

ScottGem

Now we are talking a different issue. I would consult an elder care attorney. If the new wife is not letting you talk to grandpa, then its possible he is not of sound mind. If he has already put assets in her name, then they are outside the will. You need to get someone to act as grandpa's guardian to determine whether the new wife is stealing from him. DO NOT WAIT on this, you need to do it now! Also see if you can talk to his doctor and check on his health. You might even contact the police. Statements like "saying he needs to go soon cause they cant take care of him any longer" could indicate they are not caring for him properly, with could be criminal.

To sum up, as soon as you read this, go to your local law enforcement and talk to them. Hopefully, they can advise you who else to talk to. Maybe the Department of Social Services can recommend an elder care attorney. BUT YOU NEED TO ACT NOW!!!!