[familyfirst1]

My father is going to pass away in the next 2 months or so. I am wondering what my rights as is child is to contest his Will when he has passed. He has wife a 7 yrs, (not my mother). She has been out for her self sense day one. She had less than nothing coming into the relationship. My father does NOT have a ton. He has a house with about 5 acres and a retirement he worked 40 yrs for. She has not comtributed one red cent. I don't think she should be left with nothing. She will get his social secerity (which is more than she had before she meet him). She can also have the house. We all know she is going to sell and take the money any way. But his retirement should NOT go to her! She never even worked for any of that. Just to keep thing in perspective... this women is making him give up on his fight of cancer telling him its time. She also refused to give up her love of smoking. While he was undergoing chemio and radadition she would smoke in the car with him on the way to treament, not to mention smoke in the house! NOOOO loving caring wife would do that! So we now hear from my father that he going to change his Will in the next week so that she is left with it all. I use to be the Executor of his Will and most of what he had was to be left to my sister and I. Now he is telling me he is changing the executor to her and that all will go to her because she says she will have nothing to live on when he goes! I am so distraught about this! How dare her do this to my poor father. My father is so ill and passive at this point he just won't listen to reason. What are my rights as his son? I don't give a darn about the money it can go to charity for all I care but it eats me alive that someone like her who has never worked for anything take all that he ever worked for!! HELP:(

[froggy7]

It's his money. As long as he is mentally competent, he can leave it to whoever he wants. In order to contest the will, you will have to prove that your father was not in his right mind when he made the change. That may be hard. Your step-mother may be a golddigger, but him leaving her everything isn't necessarily a sign that he didn't understand what he was doing at the time.

[twinkiedooter]

If he still has all his marbles he can leave his money and worldly possessions to anyone he so choses regardless if you feel they deserve it or not. This is his prerogative to do. Have you considered taking him aside and speaking to him about this situation and telling him just how distraught you are over this entire matter and how you feel his golddigger wife should not be the lucky lady to get all of his loot?

[Fr_Chuck]

Wife of 7 years, and while I hate smoking, loving husbands and wife have issues with stoping to smoke, and still smoke around their spouse.
And there is laws in various states about how wills have to be written,
So yes, as long as the wills, and the property transferes are done legally, he can do what he wants with his money. But if you wish to contest, you will need to hire an attorney to review the probate of the will.

[familyfirst1]

Thank you everyone for your helpful inmformation!!
Does anyone know anything about what is called a "death bed" will. From what I have read if my father is changing things this close to death then it means he could be changing it under pressure from another IE: his wife... if that is the case that means I can contest and make it default back to the previous will...

[ScottGem]

What you are talking about is undue influence. This is extremely difficult to prove, especially in these circumstances.

I would suggest you talk to your father's doctors and see if they can advise you as to his mental state.