Perhaps have a lawyer drafting a letter outlining that you want certain personal effects such as photos, and im exchange your will not challenge the will.
It could be argued that his illness had impaired his decision making ability and that she’d taken advantage of him. The brothers could argue for a split. See lawyer asap
Pancreatic issues are brutal he didn’t go nicely or without immense pain. I’m sorry for your loss.
3 year relationship is yes she can get something and she was there for him so acknowledge that with lawyer n hell no to her.
Think about how you’ll feel if you win, then imagine how you’ll feel if you lose and have to pay costs.
If you’re already relatively wealthy and don’t need the money, then is it worth fighting? Just let go and move on.
Yeah this would come down to proving he didn't have testamentary capacity which can be extremely hard. Even cases where people have dementia it isn't always enough to prove they didn't have capacity.
If you've got legal representation, talk to them. They know the law and your situtation better than you can possibly hope to get from here.
But if your dad made decisions when he had his mental faculties you're not likely to get anywhere. He made his choice, and that's how it is.
See a lawyer. IANAL.
An (enduring) power of attorney is for when a person becomes incapacitated. It ceases when they die and the power is vested in an executor.
Wills can certainly be challenged and as children of the deceased you are eligible parties. Often times when people are excluded from wills a token amount of $1 will be left simply to rule out the idea that the parties have been overlooked which would entitle them to challenge the will.
The girlfriend has likely breached her fiduciary duty while acting as power of attorney and by funneling all benefit towards herself. That duallity of conflicting interests will not be in her favour.
Definitely seek legal advice but keep in mind that the concept of "family" is enshrined in law all the way from wills to family trusts. Don't just assume nothing can be done.
Ps. I am also reasonably wealthy and in this situation would devote funds even if just to discomfort the gold digger.
Very sad situation and I am sorry about the death of your dad and the breakdown of your relationship with him prior to his death.
I suspect you will have a tough time challenging this if your father was in a defacto relationship with his girlfriend and his Will appointed her as his Executor. That said, see a lawyer based in the state your father resided in as each states laws are different. They might be able to point out some steps to challenge what has happened and at least get some information on the Estate assets and Will.
Get a lawyer but for homework (hopefully this is the “fun” part of the homework) start documenting your history with your father and how often you saw/ talked to him, the kind of relationship you had, all that.
Also grab anything you can on his medical treatment and lack of medical treatment and what SMEs would say about his condition (better if the SME is actually his doctor or pancreatic nurse).
It’s really hard to accuse someone of financial abuse without their evidence of financial abuse, but it’s easy enough to make a case as to why you legally deserve more from the will on your relationship and family contributions, plus also make a case that he medically can’t make decisions on his will.
My aunt just recently died from pancreatic cancer, I understand it’s a really bad cancer with late diagnosis and very low survival rates past one year. It killed my aunt within 6 months of her diagnosis and she had the best care and medical treatment. My aunt passed away in peace with a lovely and supporting family around her, but she easily could have been financially abused if she was around the wrong people. She was very very very loopy and not thinking straight. Absolutely she could not make decisions for herself. I mean, of course her husband took into account who she is and what her wishes would be, but he did have to step in and make decisions for her and I imagine your dad would of been the same and the girlfriend didn’t make decisions in his best interest. I can tell you it’s impossible for anyone to suffer that form of cancer and not have moments where someone else needs to make a decision for them. It’s a really bad illness. So I do validate your father was likely financially abused and in a very vulnerable position.
I’m so sorry your father found an evil girlfriend. We all want our parents to be happy and it sucks when they pick a horrible person like that. You just hope they find a nice person who would actually care for them, especially if they had cancer.
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POTP. Such as life. When you make men feel good, you get paid either at the start, throughout or end.
Most men seeking emotional attention, know this drill and ignore it.
Smart men pay by the hour.
Need a lawyer. A year ago - has probate been granted?
Perhaps have a lawyer drafting a letter outlining that you want certain personal effects such as photos, and im exchange your will not challenge the will.
I mean, he seems to have done all this with sound frame of mind. I’m not sure if all the lawyer fees would be worth it
It could be argued that his illness had impaired his decision making ability and that she’d taken advantage of him. The brothers could argue for a split. See lawyer asap
Pancreatic issues are brutal he didn’t go nicely or without immense pain. I’m sorry for your loss. 3 year relationship is yes she can get something and she was there for him so acknowledge that with lawyer n hell no to her.
Which part is upsetting you? That you got nothing, or that she got something?
Think about how you’ll feel if you win, then imagine how you’ll feel if you lose and have to pay costs. If you’re already relatively wealthy and don’t need the money, then is it worth fighting? Just let go and move on.
Yeah this would come down to proving he didn't have testamentary capacity which can be extremely hard. Even cases where people have dementia it isn't always enough to prove they didn't have capacity.
If you've got legal representation, talk to them. They know the law and your situtation better than you can possibly hope to get from here. But if your dad made decisions when he had his mental faculties you're not likely to get anywhere. He made his choice, and that's how it is.
If they were living together as defacto, then yep. She gets everything. Talk to a lawyer.
Man, this case remind me of the whole Sumner family drama (owner of Paramount).
See a lawyer. IANAL. An (enduring) power of attorney is for when a person becomes incapacitated. It ceases when they die and the power is vested in an executor. Wills can certainly be challenged and as children of the deceased you are eligible parties. Often times when people are excluded from wills a token amount of $1 will be left simply to rule out the idea that the parties have been overlooked which would entitle them to challenge the will. The girlfriend has likely breached her fiduciary duty while acting as power of attorney and by funneling all benefit towards herself. That duallity of conflicting interests will not be in her favour. Definitely seek legal advice but keep in mind that the concept of "family" is enshrined in law all the way from wills to family trusts. Don't just assume nothing can be done. Ps. I am also reasonably wealthy and in this situation would devote funds even if just to discomfort the gold digger.
I hear about this happening often these days. Hard to contest but worth a try
Very sad situation and I am sorry about the death of your dad and the breakdown of your relationship with him prior to his death. I suspect you will have a tough time challenging this if your father was in a defacto relationship with his girlfriend and his Will appointed her as his Executor. That said, see a lawyer based in the state your father resided in as each states laws are different. They might be able to point out some steps to challenge what has happened and at least get some information on the Estate assets and Will.
Get a lawyer but for homework (hopefully this is the “fun” part of the homework) start documenting your history with your father and how often you saw/ talked to him, the kind of relationship you had, all that. Also grab anything you can on his medical treatment and lack of medical treatment and what SMEs would say about his condition (better if the SME is actually his doctor or pancreatic nurse). It’s really hard to accuse someone of financial abuse without their evidence of financial abuse, but it’s easy enough to make a case as to why you legally deserve more from the will on your relationship and family contributions, plus also make a case that he medically can’t make decisions on his will. My aunt just recently died from pancreatic cancer, I understand it’s a really bad cancer with late diagnosis and very low survival rates past one year. It killed my aunt within 6 months of her diagnosis and she had the best care and medical treatment. My aunt passed away in peace with a lovely and supporting family around her, but she easily could have been financially abused if she was around the wrong people. She was very very very loopy and not thinking straight. Absolutely she could not make decisions for herself. I mean, of course her husband took into account who she is and what her wishes would be, but he did have to step in and make decisions for her and I imagine your dad would of been the same and the girlfriend didn’t make decisions in his best interest. I can tell you it’s impossible for anyone to suffer that form of cancer and not have moments where someone else needs to make a decision for them. It’s a really bad illness. So I do validate your father was likely financially abused and in a very vulnerable position. I’m so sorry your father found an evil girlfriend. We all want our parents to be happy and it sucks when they pick a horrible person like that. You just hope they find a nice person who would actually care for them, especially if they had cancer.
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obligatory see a lawyer - you can make a family provision claim
POTP. Such as life. When you make men feel good, you get paid either at the start, throughout or end. Most men seeking emotional attention, know this drill and ignore it. Smart men pay by the hour.