Can a brother or sister contest a will?

Can a brother or sister contest a will?

Under probate law, wills can only be contested by spouses, children or people who are mentioned in the will or a previous will. Your sibling can’t have the will overturned just because he feels left out, it seems unfair, or because your parent verbally said they would do something else in the will.

What can I do if my sister who is executor is being deceitful?

What can I do if my sister who is executor is being deceitful? My mother passed away 6 months ago and put both my sister and myself as executor to her estate. Being that I live in another state I relinquished my executor role and let her and her husband be sole executor.

Can a brother have access to a will?

Until probate has been granted, only the executor – in this case, your brother – has the legal right of access to the will. And if there has been a family split, it is, of course, entirely possible if not necessarily advisable that the executor can decide they do not wish to grant access to the document.

Can a sibling force an executor to do something?

In most cases, like this, where one sibling is executor but there are other siblings, a simple request to the executor is usually sufficient. But, and this is the important point, you cannot force the issue.

When to challenge the executor of an estate?

Where there’s a will: an executor cannot be challenged for failure to move to settle the estate for the first 12 months after they have been appointed. This is called the executor’s year. Photograph: iStock My brother is the executor of my mother’s will. I am his sister. Am I entitled to see the will before probate? The simple answer is no.

Am I entitled to a copy of my parents will?

You believe you should at least see the Will before you give up and go away. The lawyer tells you that under the California Probate Code you are entitled to a copy of your mother’s Will because you are an “heir-at-law” of your mother. Even if the Will did disinherit you, you are still entitled to a copy.

Can an excutor of will evict sister who took care of parents?

Mother died first 9/07and father 7/2014. Brother who is excutor of the will immediatley threated me to find a new place to live and get out. My brother did nothing for my parents for years even after he ritired. I did just about everything for them along with working a full-time job.

Who is the executor of my late father’s will?

My brother is the executor of my late father’s will. The estate (ie. the sale of the house) is to be divided equally between his children. However, my brother is saying that as he is the executor he can do what he likes, he can sell the house to who he wants and for £1 if he wants, he has the total control and authority to do what he likes!

Can a brother be the executor of a will?

No, your brother has a duty to ensure that the deceased’s wishes are carried out. An intelligent person is never afraid or ashamed to find errors in his understanding of things.

What did my brother do when my father died?

My brother did not contact me or my adult kids or my uncle when my father passed away….or about the funeral a couple of days later.

When did brother and sister Sue over Dads estate?

A brother and sister were involved in a probate lawsuit involving undue influence. This probate & inheritance lawsuit over dad’s estate came to a head after the probate trial . No jury. On September 9, 2014, the appeals court ruled on the probate judge’s trial.

Can my brother who is the executor and trustee of my?

Under the law, your brother has various duties and obligations regarding the trust and the estate. However, if nobody is watching his actions, then he will likely do what he wants and it could be very difficult to undo much of that. An attorney can take steps, including primarily filing proper petitions in court, to help protect your rights.

What happened in the sister and brother probate case?

Three years later, on the day of trial, the siblings announced a probate lawsuit settlement. Question: want to learn more about what happened in this will contest trial ? Want to read what the judge said about the sister and brother engaging in probate litigation over two estates?

My brother is the executor of my late father’s will. The estate (ie. the sale of the house) is to be divided equally between his children. However, my brother is saying that as he is the executor he can do what he likes, he can sell the house to who he wants and for £1 if he wants, he has the total control and authority to do what he likes!

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