My dad had made a Will before he passed leaving everything to me and my siblings. Out of the four of us, only two of us grew up in this house. The other two didn’t and don’t want anything to do with it. Can I contest his will and gain the house?

Get Legal Help Today

 Secured with SHA-256 Encryption

My dad had made a Will before he passed leaving everything to me and my siblings. Out of the four of us, only two of us grew up in this house. The other two didn’t and don’t want anything to do with it. Can I contest his will and gain the house?

A week before he passed, my dad had told me to get him a recorder. I couldn’t
find one. So, I used my laptop. On this laptop is my dad stating that he wants
his house to go to me until I pass. Then after I pass, it is to go to my oldest
daughter, his favorite. Will his recording trump the previous one he made as a
last minute type thing?

Asked on June 3, 2017 under Estate Planning, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

CA does not recognize an oral or "noncupative" Will. Accordingly, your father's existing Will, shall control the disctibution of his estate. Here is a link to an article that will explain further: https://law.freeadvice.com/estate_planning/wills/oral_will_valid.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption