Will of my fatherMy father had a will made in Ky in 04 naming his girlfriend to get everything,I am his only son and I was not in the will ...

Question

Will of my father

My father had a will made in Ky in 04 naming his girlfriend to get everything,I am his only son and I was not in the will at all do i stand a chance to contest the will and get his estate

Answer

Re: Will of my father

It is impossible to answer this question here. Needless to say that you can always contest the will but whether or not you will be successful depends. Ultimately, a jury may determine the facts of the case. The basic Kentucky will law is, as a matter of practicality, that a person does not have to leave anything to his children. His or her spouse has some separate rights. As long as your father is in his right mind, etc, and not married, he can leave his property to whomever he wants. The reason does not matter. If your father has passed away, you may want to get an appointment with an attorny and let him look over the situation and gather the relevant facts from you. A lot depends on the relationship between you and your father, between your father and his girlfriend, how long has the relationship existed, did the girlfriend help with the acquisition, etc.

Answer

Re: Will of my father

Under Kentucky law, it all depends on the facts. I suspect the same would be true in Tennessee. Just being his son does not allow you to void his will. If there are cicumstances pointing to undue influence on the part of the girlfriend, then you have a viable case, but still no guarantee.

You need to take all the facts of the circumstance to an attorney practicing the state where the will was probated. This investment of some money will either buy you the peace of mind of knowing there was nothing you could do or it may lead to a substantial recovery.