Legal Question in Wills and Trusts in Virginia

Contesting a will

My father passed away in June,our stepsister was sole heir, his biological children were disinherited.The stepsister was one of the witness's on the will along with the attorney's wife.Unfortunately the relationship between all of us was not as good as it should have been,but that was his choice. He would call once or twice a year. His wife passed away in feb. He did the will the same day he had surgery, and between the pain from his cancer, and depression from losing his wife, we feel like she pressured him into doing this. I had talked to him a couple of months earlier and he did not sound like someone who wanted to disinherit his children. His best friend couldnt believe it. He was always telling her how sorry he was for how he treated us and wanted to make things right. He told us previously that he had an annuity for us & when I received the paper work it had the stepsister as beneficiary. I called and all they would tell me since im not the executor is that the beneficiary was changed earlier this year. Do we have a case? Is it legal for her to witness a will where she is sole heir and is there any way for us to see if she changed the beneficiary to her name while she has his POA? Or abused the use of the POA?


Asked on 8/20/05, 4:06 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contesting a will

Better arrange to see a lawyer about this matter who is knowledgeable regarding wills and the probate process in general and who should be able to advise you as to whether you may have a viable legal basis to challenge this particular will.

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Answered on 8/21/05, 12:08 am


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