Legal Question in Wills and Trusts in Florida
My sister's husband died and in his will he left everything to her. Upon her death, she will give her three stepchildrent a portion of what is left. One of her stepsons called and asked if he is getting any money from the will now? He is an attorney in California and was threatening to contest the will. Is she safe from this threat?
3 Answers from Attorneys
Based on your description, you sister appear to be 'safe'. However, that does not mean that the step-son can't contest you brother-in-law's Will. He may do so, but he might not prevail.
Anyone can sue for any reason, so long as they are willing to pay. So no one can guarantee that he won't try to contest the will.
California law in this situation is different from Florida law. In Florida you can disinherit your children so long as you show it to be your intention to do so. Whether or not the Will is contestable depends upon the document itself, the execution of the document, and the facts surrounding the Husband when the Will was created. These facts cannot be commented upon without further review.
Based on the information you provided, as long as the will was validly executed, the stepson will likely have a difficult time contesting it. Should you have further questions, please feel free to contact me.