shelliemacs Posted September 9, 2004 Share Posted September 9, 2004 well we found out today that we are being sued by my step sister for my fathers estate. The attorney I work for is doing my fathers estate for free and today when we went to court to get the executor appointed, my step sister showed up (for the first time in 13 YEARS) and said she is objecting to the will. picture a cartoon character with its eyes popping out and its chin on the floor and that was me. now the judge told her to get herself an attorney and formally file her objections. he told her it would be expensive and just because she doesn't like that she got nothing, doesn't mean that the will will be changed or she should get anything. she is my fathers daughter from his first wife. gee talking about kicking a dog until its dead. I am throwing in the towel and waving the white flag. tag, someone else can be it for a while. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted September 9, 2004 Share Posted September 9, 2004 Shelly, Did your father leave the stepsister nothing, or was there something passed to her - just not what she expected? How old is your father's will? I ask that because I wrote my recently - there is a clause in it that anyone contesting it will receive nothing and their "share" will be distributed among the others listed... Fine, let her sue, it's HER money (not her inheritance, her out-of-pocket-after-taxes income). I believe your father's will stands up with the attorney you were going into court with... I don't think this is a financial blow to you, just an emotional one - I hope. I'm no attorney... Boy, have you EVER thought of writing for a soap opera?? I think you have all the elements... Hang in there, Shelly, you KNOW you can get past this, too! xxoo Becky Quote Link to comment Share on other sites More sharing options...
Elaine Posted September 9, 2004 Share Posted September 9, 2004 Not to rain on anyone's parade, but unfortunately it could be possible for a blood relative to be successful in contesting a will. I don't know what makes for a more successful case than one that is not successful; however, and don't know the details of your situation. But one thing I know is not contestable is life insurance beneficiaries--because my step mom tried to get the proceeds of what my dad left me and she had NO luck at all. elaine Quote Link to comment Share on other sites More sharing options...
shelliemacs Posted September 9, 2004 Author Share Posted September 9, 2004 no he left everything to me and katie and the last line of his will reads "to my daughter Lisa I leave no disbursment. Not out of a lack of affection, but for reasons known to her" see she stopped talking to him 13 years ago (i don't know why) and she has two kids of her own that my father never saw. All the leters he wrote her came back, return to sender and she would not take his calls either. one year she drove by his house and threw (from a moving car) the presents that my parents had UPS'd to her, her kids and her husband. so i don't know what she is objecting too??? ps he made the will the week after my mom died so to be sure my step sister would not get anything and my sister and I would. Quote Link to comment Share on other sites More sharing options...
Elaine Posted September 9, 2004 Share Posted September 9, 2004 What did your lawyer boss have to say about it? I had a friend whose ex husband died. He never paid child support and his kids were left out of will. She contested and did get most of what she asked for. Like I said earlier, it just depends on the circumstance and of course, the judge. elaine Quote Link to comment Share on other sites More sharing options...
Snowflake Posted September 9, 2004 Share Posted September 9, 2004 My thought is that it would be easier for her to contest the will had he "forgotten" to name her. He pretty much disowned her in that sentence... Money brings out the mean in people...one of my friends was sued by her sister over an "equal" split that the sister felt wasn't. The sister lost - and had to pay her attorney out of her own pocket and her fair third meaning she ended up with less than her siblings... ..and if she were to win, you could probably contest that, too... Quote Link to comment Share on other sites More sharing options...
ashmegsmom Posted September 9, 2004 Share Posted September 9, 2004 I think I can offer an opinion to this as I have been in a similar situation . My dad passed away 2yrs ago and I found out a month or so later that he wrote me and my brother out of his will.... I talked to a lawyer about contesting it and he said it is very hard because I had to prove that he was either out of his mind when he wrote it or that it really was forged , or unless I could prove he accidentally forgot he had additional childen.... Which to me I knew my dad wasnt in his mind but I decided it wasnt worth fighting for since I knew my dad's real feelings, (he had lost much of his mind the year preceeding the will). However I cannot imagine that the other daughter would have a chance at all since you can sort of prove her behavior for the last 13 years... People are soooo greedy when it comes to money!!!! Any judge can see right through that kind of thing!! Quote Link to comment Share on other sites More sharing options...
Elaine Posted September 9, 2004 Share Posted September 9, 2004 The more I think of it, maybe my friend got the settlement because her ex husband was behind in court ordered child support and thus her claim was that her children were actually creditors. That probably is more likely the case than that she was able to overturn the will on any other grounds unless she claimed undue influence. Anyway, it sounds like this is more a bothersome needle in your side than something that will come to any fruitition. elaine Quote Link to comment Share on other sites More sharing options...
shelliemacs Posted September 9, 2004 Author Share Posted September 9, 2004 well my step sister was paid all the child support she was due (when she was a minor) and my father even paid her midical until she became an adult. She is 37 or 38 now and I think the reason may be something to the effect that my father had a very bad marriage and divorce from my step sisters mother. the only think I can think of is that her mom bad mouthed my father so bad that my step sister ended up believing/hating her father because of that. Again, I am really only guessing. My attorney said I should not worry, She would have to prove that my father was incompitent when he made his will or that my sister and I coerced him into signing this particular will. by the way, the attorney who is handling the estate for me, is also the attorney who prepared my fathers will and witnessed it along with another attorney from our office. They can testify to his state of mind and that at the time of his dx. he was not yet ill or dx'd with his lung cancer. I am sick of eating all these crap sandwhiches I keep getting served. Quote Link to comment Share on other sites More sharing options...
TeeTaa Posted September 9, 2004 Share Posted September 9, 2004 Yes, I agree that it's pretty crappy that you're having to deal with it, but let's look at the good side: by dealing with a person as ridiculous as your step-sister, you should realize that no matter what faults you THINK you possess, NOTHING can compare to this! In other words, stand proudly on that high ground, cause you darn well deserve to! Blessings, TeeTaa Quote Link to comment Share on other sites More sharing options...
TeeTaa Posted September 9, 2004 Share Posted September 9, 2004 P.S. I think you need some of the tar and feathers too. Call Angie to check the supply, cause we're dealing with so many jerks these days that we might be running short. TeeTaa Quote Link to comment Share on other sites More sharing options...
kimblanchard Posted September 9, 2004 Share Posted September 9, 2004 I am sorry that this has engulfed you. I have no advice because I know nothing of these things. I just redid my will a couple of weeks ago, informally using the MS Lawyer or some such, but I trust everyone in my life to do what I wish with the estate. When I told my classmate that, she looked at me incredulously, but it is the gentle coddled world in which I live. But now I must get back to my multivariate assignment. Katie is with my folks tonight and Alisa is in Corpus, so there really is no excuse for not getting a ton of work done tonight. Curtis Quote Link to comment Share on other sites More sharing options...
stand4hope Posted September 10, 2004 Share Posted September 10, 2004 Shelly, My guess is that she has already been to lawyers that wouldn't take the case, or she didn't have the money to hire one, otherwise, she never would have walked into that courtroom without a lawyer. In other words, my guess is that she knew about the hearing to open the estate, and she talked to lawyer(s) and was told she could go on her own and what to expect. We have a couple of will contests in our office right now and they can be very expensive. Unless your step-sister has a big chunk of money for a big fat retainer, she will have a very hard time getting someone to take the case, especially since she was written out of the will. Also, the others are right - it's very difficult to prove incompetency. She will have to pay for copies of medical records, physician statements, depositions, etc., and believe me, it is expensive, time consuming and difficult. I'm with the others, I think she will just quietly disappear - at least I hope so. Love, Peggy Quote Link to comment Share on other sites More sharing options...
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