DoI have a legitimate claim to contest my father’s Will if my sister was left everything but had verbal instructions from him to give me a share?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
DoI have a legitimate claim to contest my father’s Will if my sister was left everything but had verbal instructions from him to give me a share?
I was in prison when my father drew up his Will 2 years ago. I was left nothing because he know that the state would have taken most of it. So he left everything to my sister. With specific verbal instructions on what to give me. She now refuses to honor his wishes and is trying to not give me the stuff that my father instructed her to. I have been out of prison for 8 months now.
Asked on March 17, 2011 under Estate Planning, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can speak with an attorney in your area about contesting the will. I do not think that the oral statements will be able to given any weight. You need to have standing to bring the action - which you do - also you must have a valid reason to challenge the will, like what is known as undue influence, fraud, mistake or loss of mental capacity of the testator (your Dad). What you are basically stating is that the Will was amended orally and by law that is not a possibility. To amend a Will you need to do what is known as a Codicil and it just as important to do it like a Will under the law. Seek an attorney's help here. The will itself may have obstacles. Good luck.
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.