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Contesting a Will Question?

20 years ago a married couple of sound mind and body made out their will. They decided at that time to give each of their children and equal share of their estate.

Fast forward, the last of the two parents passed away 6 months ago. One of the children right or wrong believes he is entitled to more than his equal share and a beneficiary of the estate vs. being a creditor of the estate.

If he challenges the Will and loses, can the Executor of the estate recover the legal fees to fight the challenge out of that child's share?

4 Answers

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  • Clive
    Lv 7
    5 years ago
    Favourite answer

    Obviously he's pretty silly to do this. The will is clear and treating all your children equally would be the normal and reasonable thing to do, so I would suggest he's guaranteed to lose.

    The executor can take their legal fees out of the estate. Not that child's share, just the estate, so all the beneficiaries get less. The executor never has to pay out of their own money as they aren't personally being sued, they're just doing their job and they shouldn't lose out from helping their dead friend or relative. They COULD always ask the judge to order that these costs come specifically out of that child's share, though that may not work. It never hurts to try. At worst, the judge can only say no. (Personally I'd grant that application, but I'm not a probate court judge!)

    I am reminded of "Bleak House" by Charles Dickens. A big theme of the book is the inheritance case in the Court of Chancery of Jarndyce v Jarndyce. Dickens was quite a satirist in his own way and at the time, the Court of Chancery was a byword for being slow and expensive. So he decided to have a go at it in book form. The dispute over the will went on and on and on and several hundred pages later, the case ends because the entire estate has been eaten up in legal fees. On that point, Dickens was only reflecting what really did happen from time to time.

    Of course this is English law but US law is much the same, so it's still worth taking the moral of the story to heart - the only real winners in a case like this are the lawyers. I'm glad to say that over a century later, the High Court Chancery Division (as it now is) is rather more efficient!

  • 5 years ago

    He can contest all he likes, but he has no basis for it, so all it will do is delay the processing of the estate. He'll never get more than what the will says.

    The legal fees come out of the estate in general, though the Executor may petition the judge to order such that they come out of only that share (may or may not work).

  • Maxi
    Lv 7
    5 years ago

    When someone challenges a Will, the ONLY people who win are the legal reps and courts and they are suing the estate, so the estate pays the bill and that means less left for each heir so everyone loses........ really stupid move for them to do that.

  • Anonymous
    5 years ago

    Contesting a Will Question? Roman Catholic sign of the cross is upside down, done with five fingers instead of three, is done from left to right instead of right to left, etc. (basically inviting demons). Antichrist's Third Temple will have 8 chambers: a chamber per main religion; antichrist will be crowned in this temple; during crowning, he won't read the "belief prayer" correctly (rejecting Christ and acknowledging himself); when he will take his gloves off to make sign of the cross incorrectly (just for show), many people will see his big nails and will reject him; Patriarch (who will be crowning him) will say that this is the antichrist; antichrist will kill him. Also, antichrist will kill those priests who disagree with him at the 8th "wolf" Council; others will worship him when a bird dies at his feet. Roman Catholics, Satanists, and Buddhists use the same mudras; if you see these mudras on an icon, then it's not Orthodox icon; Orthodox icon has IC XC symbol (Jesus Christ). Roman Catholics pay drunks and prostitutes to pose for icons; passions of drunks and prostitutes transfer to those who pray to these images. Normal Orthodox icons are inspired by the Holy Spirit. Gaad in Ruski = Satan; hence, Americans = blasphemers because they always say: "Oh, my god!". Santa (word for Saint in Satanic languages) = Satan; hence, Spanish + Italian + Portuguese = blasphemers. Anathema to Satanic languages; triple anathema. Learn Church Slavonic; no curses in it; curses = prayer to Satan. All religions except Orthodoxy worship Satan. On bread for communion: IC XC NIKA (Jesus Christ Conquers) plus cross = Orthodox; hexagram plus Dusha Maya = antichrist. Jews and Muslims pray head down (either standing, bowing, or kneeling); this is Satanic prayer. Orthodox look into the eyes of icon; energy goes their way; they get healed; head and shoulders come together to reject Satan slowly and then fast to normal showing allegiance to Christ and not the devil. Hands cannot be on groin or behind back; either put them crossing each other on chest (right over left) or just by your sides. Legs together so that a demon doesn't run underneath your legs. Clergy who will not "put Buddhist icons and serve antichrist's blood" will be killed; only 7 churches will be left as Pelageya of Ryazan predicted. In 2006 and at other meetings, fake patriarchs and bishops signed a bunch of documents betraying Orthodoxy by saying that all religions worship the same Supreme Being; triple anathema; don't let heretics tell you what to do. America will be last country to switch to Euro. Three big earthquakes will shake the three superpowers; 1st big earthquake in Russia; 2nd (bigger one) in China; 3rd (biggest of the three) will be in America. NATO will nuke Ukraine to blame Russia for it; then NATO will nuke Russia from Scandinavia. China will attack Russia; but will not get past Ural Mountains; bio-genetic weapon will be used against Chinese soldiers (they will run back to China and hide in closets in fear) and weather weapon will freeze Siberia to - 200 Celcius; stadium-size chunks of unmeltable ice will fall from the lower sky (because when rockets go into higher sky they bring this ice down to lower sky). Russia will destroy Turkey and America. China will have a hole across the whole country to the abyss (because of another super weapon used to stop Chinese aggression); radiation from this hole will be massive; Chinese will try to keep quiet about it; a lot of people will fall into this hole.

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    Wear natural clothing so that if a bomb goes off it won't stick to the body as fast as synthetic clothes. All metal will be burned for fuel; so, save knives, crowbars, shovels, wood-burning stoves, etc. Also, save cloth/fabric/textile to cover the wounds and diseases.

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    Seraphim of Sarov and Sergiy of Radonezh will be resurrected after WW3 for a short time; Seraphim of Sarov will show the new Ruski Tsar who will fight the antichrist for about 2 years and 8 months. Those who go see Seraphim of Sarov will be healed of their infirmities/illnesses/sicknesses/ diseases; if you want to see him then, hurry because he won't stay longer than a few weeks.

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    Humans were created about 7525 years ago. Ruski Orthodox Christian Vyacheslav Krasheninnikov was the last prophet before Enoch and Elijah return to preach against the antichrist.

    Birds participate in time creation. It's a sin to kill birds. Dinosaurs live under our level. They will get out through sinkholes and lakes. To kill them, go for their nerves. Save the birds; but kill the dinosaurs. First dinosaur will come out of Volga River in Russia.

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    https://youtube.com/watch?v=8dub8PF2d8E

    http://fatheralexander.org/graphics/sects_e.pdf

    http://cs629216.vk.me/v629216013/6f4c/Qji_GVZorQY....

    http://ic.pics.livejournal.com/m_e_l_n_i_k_o_v/308...

    https://vk.com/wall-25720730?q=%D1%80%D1%8F%D0%B7%...

    https://youtube.com/watch?v=0LUKFmZfOrs

    http://vk.com/otrok_slava?w=wall-31832035_103469%2...

    http://orthodoxinfo.com/praxis/guidech3.pdf

    http://fatheralexander.org/booklets/english/life_a...

    http://pravoslavie.ru/english/55141.htm

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