Results 1 to 6 of 6
  1. #1

    Default Contesting a Will

    My question involves estate proceedings in the state of: Washington

    What kind of proof is required to contest a will?

    My dad got married 4 months ago, and changed his will 2 months ago to disinherit his 5 kids and 13 grandkids. He gave everything to the new wife. He had a heart attack 5 days after changing the will and was randomly shot in the head and killed last week on his way home. He told the rest of my siblings to keep it a secret from me so I was not aware of this will change until now. They were suprisingly not upset about it but the majority of them are quite wealthy. I was getting the bulk of the $2m estate before this change....

    He has acted very irratically for the past year. He was apparently head over heels in love with this lady. They saw a therapist to make sure the relationship was going to work out. He went to AA meetings with her to help her recover from being an alcoholic. They split up a few times before getting married. Apparently, he couldnt bare to be without her so he really wanted to marry her. He ended up paying off her $150k mortgage just before they got married. This from a guy who complained about his electric bill or just paying for dinner...

    Then they went on a trip to hawaii where he bought a timeshare. They also booked a cruise for later this year. He was spending money rather wildly it seems. He was alone for the 6 years prior to this relationship.

    This woman seems like the opposite of my mom(who is deceased) so I dont quite understand how it worked out so well. I have never met her, they were supposed to come for a family reunion this week...

    He was 76 and the new woman is 70.

    She says she didnt want the will to be changed.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,048

    Default Re: Contesting a Will


  3. #3
    Join Date
    Nov 2013
    Posts
    6,063

    Default Re: Contesting a Will

    I thought it was made clear to you that you cannot link to other forums. The fact that the admins of this site are not supervising the posts is not a sign that the policy is OK but that they are supervising this site less and less.

    That should tell the members something.

    If you want to reiterate what was posted on another forum, copy and past.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,072

    Default Re: Contesting a Will

    Quote Quoting budwad
    View Post
    I thought it was made clear to you that you cannot link to other forums.
    That would be news to me. Where in the terms of service for this site do you find that restriction? Given that pg1067 was not posting commercial links to gin up business for himself or someone else but merely directing the OP to where his question had already been answered I don't see the problem with it. What do you see as the problem with doing this? I'm asking because I genuinely want to know what the issue is with this as I am baffled by your objection to it.

    Quote Quoting budwad
    View Post
    If you want to reiterate what was posted on another forum, copy and past.
    Although you didn't direct that at me, I'll repeat here what I posted on another forum where the OP asked the same question.

    To win a will challenge based on competency is, well, a challenge. Under the law of most states, including Washington, legal competency is a pretty low standard. All the decedent must be able to do at the time of executing the will is:

    (1) know that he is signing a document that determines who gets his property when he dies;
    (2) generally what property he has; and
    (3) who his spouse and close relatives are.

    Moreover, the when the will itself looks proper on its face the competency of the decedent is assumed by the courts and the person challenging the will must overcome that with "cogent and convincing" evidence. See In re Estate of Bussler, 160 Wash. App. 449, 461, 247 P.3d 821, 828 (2011).

    An attack based on undue influence might be an option given the short term of the marriage, but if it is true that she didn't ask him to change the will then that won't go anywhere either. Even if she did, as his wife she would be a natural object of his affection and someone to whom the estate might be expected to be given, so this is a tough one to pursue in any event. She'd be entitled to at least a share of the estate even if the will hadn't been changed.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,048

    Default Re: Contesting a Will

    Quote Quoting budwad
    View Post
    I thought it was made clear to you that you cannot link to other forums.
    You thought wrong. For starters, I did post links to other forums, so your assertion that I "cannot" do so is obviously wrong. Perhaps your use of the word "cannot" was a typo and you intended to assert that some sort of rule governing this site says that posting such links is impermissible. If that's the case, please direct me to that rule so that I may read it. As far as I can tell, the only rules governing posting at this site are the Terms of Use which are linked at the bottom of the page. I have read those terms, and there is nothing there that supports your claim that posting such links is impermissible.


    Quote Quoting budwad
    View Post
    The fact that the admins of this site are not supervising the posts is not a sign that the policy is OK but that they are supervising this site less and less.
    Please enlighten us all as to your authority to speak on behalf of those who supervise/administer/moderate these boards.


    Quote Quoting budwad
    View Post
    If you want to reiterate what was posted on another forum, copy and past.
    Thanks for the suggestion. I'll give it due consideration.

  6. #6
    Join Date
    Nov 2013
    Posts
    6,063

    Default Re: Contesting a Will

    Back in the day when Aaron Larson was actively visiting his website and there were several moderators working for him, that was the rule. You couldn't link to other commercial websites that were competing with expertlaw. com. I'm sure other members remember that.

    In recent years, there seems to have been a change in that Mr. K took over the website (that is my perception). The registration of the registered name and IP address has changed. Since then, there is very little oversight on the forum. But I assume that that the policies have remained the same. I could be wrong and as I have said before, the days of this forum are numbered.

    1. Sponsored Links
       

Similar Threads

  1. Wills: Contesting a Will
    By Cloudsuck in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 04-03-2012, 09:46 PM
  2. Will Contests: Contesting a Will
    By Guzz64 in forum Estate Planning, Administration and Probate
    Replies: 3
    Last Post: 01-19-2009, 02:07 PM
  3. Contesting a FTA
    By ekpyr in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 08-25-2008, 04:25 PM
  4. Will Contests: Contesting A Will
    By momm2500 in forum Estate Planning, Administration and Probate
    Replies: 4
    Last Post: 03-16-2008, 07:39 AM
  5. Contesting paternity
    By MD21061 in forum Paternity Law
    Replies: 1
    Last Post: 02-21-2007, 01:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources