Can I contest a will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I contest a will?
My dad recently pases away. He has 7 children me being the youngest. everyone gets13.7% my sister gets a little more since she is the POA, I only get 5%. can I contest the will cause I feel it is realy unfair? I was not completly out of the will, Can I maybe have a case based on the Family Protection Act 1955
Asked on June 22, 2009 under Estate Planning, Pennsylvania
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm not a Pennsylvania lawyer, but my research suggests that the Family Protection Act of 1955 would only apply if your father lived in New Zealand when he died.
It is usually very hard to have a will declared invalid, especially based on what it says. A will doesn't have to be fair; your father could have given you nothing at all and it would probably not make your challenge to the will any more likely to succeed. In most states, you would have to prove something like undue influence, which means that someone else's intentions, rather than your father's, were put into the will, and that's rarely proved.
You should discuss all of the facts of your situation with a lawyer in your area. One place to find an attorney is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.