Legal Question in Wills and Trusts in Idaho
idaho wills
my father remarried at eighty years old,they were married ten months before he committed suicide,the will was rewritten 5 weeks before his death. leaving the vast majority of his estate to his new wife,virtualy leaving both of his children out of the will other than a few personal belongings.is there a time limit on the validity of the will?I had a durable power of attorney in force when the will was rewritten,is there any grounds to invalidate the will?
1 Answer from Attorneys
Re: idaho wills
Probably not, but I'd have to see the will and the evidence you have of undue influence or fraud to tell for sure.
If your father was domiciled in Washington when he died, AND he was competent, AND he was married, then the will could be valid and his distribution plan enforced.
But maybe not. I don't know enough about the situation.
WA is a community property state. His will might be contested, but it might not be worth it to do that. If there is an in terrorem clause (would say if you contest the will you get only $5.00 or some pittance), that's enforceable, too.
Wills once admitted to probate are adjudicated valid unless proven otherwise, and it is an uphill battle.
You were his attorney in fact pursuant to his Durable Power of Attorney (which is NOT the same as being an attorney at law) and chances are it does not allow you to re write his will or change his planned distribution.
Call your County Bar and ask for a referral to a local attorney who handles probates. Bring him or her what proof you have, and get a more personal opinion.
Most lawyers do not charge you for a consult. So, go ask. Hope this helps. Elizabeth Powell
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