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Sunny5 Asked July 2014

If a sibling only receives a small amount of money in a will can they contest the will?

GardenArtist Jul 2014
Sunny, is the person whose will you're referring to still alive? I see from your profile that you're still caring for your father and am wondering if this is the individual whose will might be contested.

If so, an in terrorem clause can be added providing that a beneficiary who contests his/her share will lose that share. If this is an issue, have your father's elder law attorney add a Codicil to the Will (unless you're the one who might be contesting the share), assuming that your father is still mentally competent to make the changes.

If you anticipate that your share will be nominal and that you might want to contest it, this might be something to discuss with your father since you're his caregiver.

freqflyer Jul 2014
Rovana, only if the lawyer wins the case.... the lawyer on the other side gets nothing unless the case was being billed on a hourly bases.

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rovana Jul 2014
Yes, I've seen it - the "winners" are the lawyers.

freqflyer Jul 2014
I remember my mother's sister contested the will when their mother had passed on.... her mother had left her some money but left all the grandchildren much much more, an she didn't like that....

anyway, it took years, and I mean YEARS because the sister kept changing attorneys, and by the end of it all, after attorney fees were taken out from both sides, more taxes were taken out, my mom's sister wound up with even less then what she originally would have gotten.

Countrymouse Jul 2014
They can. It's usually a bad idea. And if the will has been properly drawn up, it's probably a waste of everybody's time and money and will win the sibling no friends. What's the story?

pamstegma Jul 2014
Yes, they can. For specifics, check your state's probate laws.

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