Anyone can contest a will or any estate planning, but it's unlikely to succeed.
If you're certain that she had the will done properly and all properly witnessed and her intent is clear, he won't succeed.
JoAnn made the good point below that he likely doesn't even have standing to contest the will, only 'children' who are named beneficiaries are even recognized by the courts.
I'm sorry that you're experiencing family strife prior to the will being probated. Grief and money seem to bring out the worst in people.
Stay strong and hope that he's properly advised by an attorney and doesn't actually proceed with a probate contest.
He can try and contest but doesn't mean a lawyer will except the case. Was he mentioned in the Will at all?
"Inheritance Rights Of Children And Grandchildren In general, children and grandchildren have no legal right to inherit a deceased parent or grandparent's property. This means that if children or grandchildren are not included as beneficiaries, they will not, in all likelihood, be able to contest the Will in court."
Seems if he is not a beneficiary, he can't contest. Usually when you contest, its when the final accounting is done. The Executor makes sure all debts are paid. An accting is done for Probate. The beneficiaries sign off and once that is done, the estate is distributed to beneficiaries. If contested, it would be that a beneficiary does not agree with the accting.
I would wonder how she worded the Will. Hopefully its worded that no one could contest the house going to you. Something like "I am leaving my home to my niece, Yaya because of the care she gave me"
Anyone can contest a will or any estate planning, but it's unlikely to succeed.
If you're certain that she had the will done properly and all properly witnessed and her intent is clear, he won't succeed.
JoAnn made the good point below that he likely doesn't even have standing to contest the will, only 'children' who are named beneficiaries are even recognized by the courts.
I'm sorry that you're experiencing family strife prior to the will being probated. Grief and money seem to bring out the worst in people.
Stay strong and hope that he's properly advised by an attorney and doesn't actually proceed with a probate contest.
Who's the executor of her estate?
"Inheritance Rights Of Children And Grandchildren
In general, children and grandchildren have no legal right to inherit a deceased parent or grandparent's property. This means that if children or grandchildren are not included as beneficiaries, they will not, in all likelihood, be able to contest the Will in court."
Seems if he is not a beneficiary, he can't contest. Usually when you contest, its when the final accounting is done. The Executor makes sure all debts are paid. An accting is done for Probate. The beneficiaries sign off and once that is done, the estate is distributed to beneficiaries. If contested, it would be that a beneficiary does not agree with the accting.
I would wonder how she worded the Will. Hopefully its worded that no one could contest the house going to you. Something like "I am leaving my home to my niece, Yaya because of the care she gave me"