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I live in Texas and my father left me nothing in his will because my stepmother, who predeceased him didn't like me. She was my father's fifth wife, my mother was his first. My sister, same mother, did get an inheritance. Should I try to break the will because of undue influence of my late stepmother?
State/Country relating to Question: Texas Already Tried: I've done nothing yet. Facts: my father was married 4 times by the time I was 21, so my family was extremely dysfunctional. My last stepmother had no good reason to dislike me, but she wanted her children to prevail in will. My father was not permitted to see me during many years of their marriage, but he called me and asked to see me on the day after my stepmother's funeral. I, of course, went to see him, and have seen him since.
Good morning,I'm sorry to hear of your dilemma.
While I strive to give you an accurate and applicable answer to your question, and if I can possibly provide a legal avenue for you to have a successful legal outcome I will, I don’t have the ability to provide you with favorable law if it doesn't exist. As you read my answer to your question, I ask you to please don't shoot the messenger.
Presuming that your father specifically stated in his will that you take nothing from his estate--as opposed to you not being mentioned at all and suggesting that perhaps you had been accidently forgotten--you will likely not be able to prove that he was unlawfully influenced. Even if you had some proof of that, the counter argument would be that since she per-deceased him, he had time to change his will, and di not.
I'm sorry, but it appears that your challenge would not be successful, only expensive.
I wish you the best in your future.
Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.
Best regards,
Doug
Attorney
I am a practicing attorney with more than 27 years of experience in the legal field.