Legal Question in Wills and Trusts in Idaho

Re: Challenge of will

The administrator of an estate has a fiduciary duty to the beneficiaries, and that duty has been called a duty of the highest nature as to fairness and honesty. Discriminating acts committed against heirs by the administrator in her own favor could be set aside by the court and the administrator removed and replaced with someone who would act fairly and impartially. It's not easy to generalize without seeing exactly what the transactions were and what the documents say. I offer initial interviews at no charge to determine if I can be of assistance to estate beneficiaries who feel that they have been discriminated against or cheated.

Re: Challenge of will

In answer to your question, it is possible that if the will is found to be valid and you challenge its validity then the provision allocating $1 to the challenger will apply. I do not know whether there is a way out of that provision off the top of my head.

However, the bigger question that was implicit in your statement was how your property could be used to pay bills and the other property was not used to pay bills. That suggests to me that the estate was not properly administered by the executor. That may present an entirely different question and may completely avoid the problem of the challenge clause in the will.

These are all "maybes" at this point. I need more specific before I can provide anything solid so if you want to email some more information to me, feel free to do so.