Can I contest a will?

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Can I contest a will?

My dad recently pases away. He has 7 children me being the youngest. everyone gets13.7% my sister gets a little more since she is the POA, I only get 5%. can I contest the will cause I feel it is realy unfair? I was not completly out of the will, Can I maybe have a case based on the Family Protection Act 1955

Asked on June 22, 2009 under Estate Planning, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Pennsylvania lawyer, but my research suggests that the Family Protection Act of 1955 would only apply if your father lived in New Zealand when he died.

It is usually very hard to have a will declared invalid, especially based on what it says.  A will doesn't have to be fair; your father could have given you nothing at all and it would probably not make your challenge to the will any more likely to succeed.  In most states, you would have to prove something like undue influence, which means that someone else's intentions, rather than your father's, were put into the will, and that's rarely proved.

You should discuss all of the facts of your situation with a lawyer in your area.  One place to find an attorney is our website, http://attorneypages.com


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