Danielle Antosz
7 min read
The death of a loved one can be devastating for a family, but when a disputed will quickly follows the funeral, the grieving process often turns into a bitter dispute.
Case in point: the Levitt family. Caroline Levitt, a 29-year-old woman who is grieving the loss of her father, has been grappling with backlash from her three older siblings after learning she was the sole beneficiary of their father’s estate.
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After years of being the only child to maintain contact and care for their aging, emotionally distant dad, Caroline was stunned to discover her father had left her everything: the house, the car and over $300,000 in savings.
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Powered by Money.com - Yahoo may earn commission from the links above.Her siblings assumed she’d divide the estate equally, but when Caroline refused, she found out why her siblings had lost contact with their dad. One had borrowed money from him and never repaid it. Another cut the father off when dad refused to co-sign a loan, and the third forged their dad's signature on an insurance document.
One sibling has hinted at taking legal action to get their fair share, but dropped that idea after seeing the paperwork. Now, Caroline’s caught between guilt and loyalty, wondering if honoring her dad's final decision makes her selfish.
There are two things for Caroline to consider here — one legal and one ethical. Legally, if someone leaves behind a valid will, that document typically determines who inherits what. And since the father updated his will and named his youngest daughter as the sole beneficiary, the law is likely on Caroline’s side.
There are a few cases where wills can be contested, which can vary by state. In general, a will can be contested if:
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The person who passed away lacked the mental capacity to sign the will. For example, if they were very ill or suffered from dementia when the will was signed.
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The person was under duress or tricked into signing the will — for example, if they thought they were signing a different document.
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There is suspicion that the signature was forged.
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Another will exists, especially if the other will is newer. In most cases, the most recent will is the only one that is valid.