Follow
Share

My fil made my husband his poa, health care proxy and left all the real property to him. Can my sister-in-law fight this, after my fill passes.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
If the estate isn't worth much - WHY would she contest? When someone contests a will it does 'hang things up' and often family pays them off to get them to drop their suit. But if your SIL isn't in good financial shape - doubt she bothers trying to get a little bit of nothing. But, some of the advise above sounds very good and it never hurts to cover your rear.
Helpful Answer (0)
Report

As long as everything was done aboveboard and your FIL was of sound mind, your SIL can spend her money trying. A will is usually the last statement a person makes for his/her family or friends. I find it despicable and insulting when someone contests a will that is legitimate. It is disrespectful to try to override the wishes of someone else. I've told my kids and step kids what's in my will and they are not to fight over what little I have. If they have a gripe they'd better air it now. They're on the honor system to extend me respect, even after I'm gone. I see they're all on the same page...for now anyway.
I say this is a daughter who was disowned and disinherited. My sister, who did little to nothing to help our mom got everything. Fine by me! Why would I want anything from my hateful mother? It wasn't worth hiring a lawyer for. She let me know how she felt about me, had ALWAYS felt about me and how much she didn't appreciate the 12 years I cared for her. She was of sound mind, albeit an evil one. No amount of money would have compensated for all the ugly memories she left behind. She didn't respect me but I felt like I was the better person by respecting her last wishes.
Helpful Answer (0)
Report

One can always challenge a will, but if it is "iron clad" as you say, then the chances are pretty slim it can be broken. Let your sister-in-law spend her money to try and in the end the Will probably will be upheld. If the notary who witnessed your father-in-law's signature can say he seemed of sound mind, without duress, it will hold. Family relationships usually get ugly when money is involved.
Helpful Answer (1)
Report

My MIL had a wonderful attorney who really wanted to protect her wishes before she passed. Every legal document-(will, poa, codicil) that she filed was accompanied with a statement of competency from her doctor. It saved us a ton of headaches!
Helpful Answer (0)
Report

My MIL had a wonderful attorney who really wanted to protect her wishes before she passed. Every legal document-(will, poa, codicil) that she filed was accompanied with a statement of competency from her doctor. It saved us a ton of headaches!
Helpful Answer (1)
Report

This is why a will should always say if any one contest this will they will only get a dollar. Maybe you can have that put in your fil's will ask the lawyer.Also I don't think a lawyer would take her case as long as the will is legal.
Helpful Answer (0)
Report

We have gone thru similar. While it is easy to be angry at others around us for their bad decisions, the only person's actions you can ever control are your own. That is all you ever have to answer for. If your husband is not interested in any kind of relationship with his sisters, then the wishes of the father should be honored. My husband felt inclined to divide with his sisters so that on his part there was never any feeling of guilt. He said in HIS mind, he did the right thing. It's only money. Can't fix illness. If it could, would have given every penny to heal my dad from Alzheimers. Everyone has to live with their own choices. No right or wrong answer. God Bless.
Helpful Answer (1)
Report

anyone can contest a will...it's even printed in the newspaper so ANYONE can come forward and fight if they choose.
Helpful Answer (0)
Report

Sorry to hear about that
Helpful Answer (0)
Report

I am the caregiover and do not want a thing from him.
My husband and I moved in with his dad, who at the time, my husband's sister was living there. Her crack addict boyfriend committed suicide in her bed. She stayed on street drugs and abused her prescription drugs.
We tried many times to help her, committing her for rehab. She called the police many times, maing false accusations....been to court to have her evicted....she threatened to burn down the house and then we had to get a restraining order, as she was abusive to her father.
There is just a piece of property, with ao old double wide and maybe enough life insurance to pay for his funeral and some old cc bills.
There is nothing of value, other than some momentos,,which we have no problem with her having some things.
Helpful Answer (0)
Report

Is there a reason your husband would not want to share with her,or is it you that doesn't want to share. Our family had a greedy caretaker took mother to attorney same day de informed us not to let her since any legal documents, what's that tell you!! Good luck ha be your husband talk to her civil so things flow smoothly.
Helpful Answer (0)
Report

Of course, Dina. Anyone may contest a will. There are criteria that the court will look at, and the court will detemine if the will , as written, is valid.
If it is determined that there are flaws in the will, or even inconsistencies, then the lawyers will go at it, each side fighting for their client.
Helpful Answer (0)
Report

They can try but it might be unwise of your father-in-law to totally disinherit them unless he wrote a reason why in the will which would make it clear to a judge. Also, he should create a video version of himself reading and explaining the will to show he was competent.
Helpful Answer (0)
Report

If your sister disputes the will, possibly you could get statements from his various doctors that he was of sound mind. In addition, if he had two witnesses when signing the will, they should be able to testify that he was indeed of sound mind.
Helpful Answer (1)
Report

we have an atttorney who did all the legal forms and will. Thanks
Helpful Answer (0)
Report

As long as your FIL was competent at the time the will was drawn up and used a lawyer to draw up the will, there is nothing your SIL can gain. So let the them try and fight, they will end up with nothing but legal fees. Greedy people are nothing but bottom feeders!
Helpful Answer (2)
Report

Anybody can sue anyone, anytime. Whether they win or not is a whole other issue.

FIL is still living and has a will which reads as you described and your DH is named as the executor? Or property is in a trust and your DH is grantee. If all that is the case, you & your DH should be fine. Although I'd probably make sure I had the name of a couple of good probate or trust savvy attorney's to contact. She can upon letter of testamentary presentation in probate file a motion to have your DH removed as executor, but she has to have very specific verifiable documentation why your DH is unsuitable (like you are a felon). But your DH determines when probate is even opened, so she is at a disadvantage in knowing when this is filed.

If dad doesn't have a valid will or trust established, then this is a whole other issue and you either need to get something done asap if feasible.

Probate is all open, public records. (Trusts are totally private) If you don't offhand know a probate / estate attorney, you can probably go on-line to your county courthouse website. Most counties have is such that you can do on-line document requests. So go to the probate court records area & just start looking at filings from the last year. What will happen is that there will be a small group of attorneys who seem to do most of the work in probate in your county. Those are the guys with the experience and know the judges and the judges temperament and know how to "massage" property transfer/sell issues if need be. That is who I'd contact to be my attorney. Good luck, most threats are just pissy bluster.
Helpful Answer (1)
Report

They can fight it, but if the will is clear and your FIL was of sound mind, the will should hold.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.