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?

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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 10 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.


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