Anonymous
Anonymous asked in Family & RelationshipsFamily · 4 weeks ago

Can wr challenge my Aunt's will ?

She was never married, never had any children.  My mom her sister died several years before her. She is leaving everything to her old college in a form of a scholarship.  Her first cousin Shirley let us know but she died Shirley that is before my aunt.  We are wondering should we not be next in line.  Shirley's son Mitchell is the person in charge of the will and he has implied he is receiving something as well.  

Update:

Example let's say Mitchell is getting $100,000 should not belong to myself and my four brothers before Mitchell. 

13 Answers

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  • Ocimom
    Lv 7
    4 weeks ago

    Get a lawyer and see if its worth challenging.  BTW Mitchell is the executor of the will and gets a "fee" - probably a few hundred, not thousands.

  • Jolie
    Lv 7
    4 weeks ago

    If you do, you'll have to spend a ton of money and hassle in probate court. I'm not sure its worthwhile.

  • Ann
    Lv 7
    4 weeks ago

    Your aunt had the right to leave her estate to whomever or whatever she wanted to.  You can ask to look at a copy of the will.  If an executor is also an heir, the person executing the will (in this case, your aunt) would have had to spell out specifically what that person is to receive.  It might be something material instead of money.  You can take the matter to court to challenge the will, but I suspect you would be wasting your money.  Mitchell is as entitled as you or your siblings to receive an inheritance, but if the aunt is leaving "everything" to her alma mater, he wouldn't be receiving much.

  • Pearl
    Lv 7
    4 weeks ago

    you could try talking to a lawyer about it

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  • Tj
    Lv 7
    4 weeks ago

    Forget it...she was not your mom. She has every right to do as she wants with her estate. Probate court will go by the will.

  • 4 weeks ago

    What do you think this is like a prince is first in line to be king before his brother? I doesn't work like that. A will is what the person willed. You could only contest it if you were immediate family. You mom may be able to contest but not you. You may like to question what Mitchell is getting so you can get a solicitor involved but I guarantee the solictior will get more than all of you put together. I'd say if you want some extra money then get a better paying job. If your aunt didn't leave it to her sister then unless she had dementia is says a lot about the lack of relationship you all had with her so tough.

  • ?
    Lv 7
    4 weeks ago

    You cant challenge a will just because you disagree with it. Unless there's some reason to velieve the will is fraudulent or wasnt written up when she was mentally competent, its her money, to be dispersed how she wishes.

  • God
    Lv 7
    4 weeks ago

    No one is entitled to receive a legacy from anyone.  You can leave all your belongings to your cat instead of your children if you like.

  • 4 weeks ago

    I think had their been no will you might have a legal leg to stand on.  Since a will does exist doubt anything can be done about it.

  • 4 weeks ago

    As she made a will the whole "next in line" thing is meaningless

    Her wishes were expressed, legally and will legally be carried out. A will can be contested for several reasons, none of which include greedy relatives wanting something they have no claim to.

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