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Rights when being contested against?


my husband was left executor and sole beneficary of his grandfathers estate. Who raised him from the age of 2yrs. the grandfather has 5 step children (including my mother inlaw) who are now contesting the will although they have had almost no contact with their dad or my husband since their mother died 17rys ago. no imput in his life or funeral arrangements
Or any financial support to raise one of their children for the first 18yrs of his life. The will has been standing since 1991 when they still had an establish relationship on what grounds can they contest and what are they entilted to? I hope that is not as confusing as it sounds

There are several grounds under which a will may be contested, including that the will leaves out children or does not take into account a divorce or remarriage. If the will was drafted after the marriage took place, they aren't going to be entitled to anything. There's no law that says you have to include your stepchildren. Even if it wasn't, they still aren't likely to be entitled. A seventeen year estrangement is a very long time.

You're welcome. Thanx for BA! :)

Probate law is really tricky. It's probably worth the $50 or $100 to get a lawyer to look at the will, especially if it wasn't drawn by a lawyer. Don't panic, though. Judges really do tend to rule in favor of common sense. Good luck! Report Abuse

Probate courts see this kind of thing all the time.

The will, if valid, names your husband as executor and sole beneficary. The burden is on the persons contesting the will. If the grandfather was wise, he used an attorney to draw up the will, to assure that the legal requirements were included. If the grandfather drew it up on his own, there may be flaws that the stepchildren are exploiting in this contest.

Of course, your husband is consulting his attorney on this matter. Going without expert legal advice is very risky.

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