my mother had 5 children when she married my stepdad. They had 3 children together. Mother passed away and my stepdad received her estate. She had inherited mineral rights from her parents in OK. these paid out substantially for many years. They had bought property and invested most of her assets. My stepdad remarried and drew up a will (gave me a copy so we would know his wishes. It had 50% of his estate going to his three natural children. 50% going to all eight of us. (mom's). When my stepdad passed away we assumed that this would go to probate and all would be done. His three children informed us that another will was written 6 weeks prior his death. (he had terminal cancer) Lots of medication and was very ill. They received everything. including all our mothers assets that were mingled with his. I have a copy of his first will and just received copy of his second will. there is no mention in the second will of him ever being married to our mother and no mention that he has 5 step children. only his three. This will is in probate in Washington State. Cowlitz County. Can we contest this new will? My 1/2 sibling would not give any information to us prior to it being filed. we all live out of state but my brother went to the courthouse and got a copy of the will. they would not answer any questions and are being very hateful.
Answer
The time allowed for contesting a will is limited and if the challenge is not properly filed within the time allowed, it will be denied without the court's consideration on the merits.
Challenges to wills are also limited based on their subject matter and a the challenge to a will is not made based on an allowed legal foundation or basis, the challenge cannot prevail.
Immediately gather all facts and all information related to the situation and immediately seek legal advice.
Charles Cruikshank, Lawyer since 1975.
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