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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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In Connecticut Probate court, if I am the wife of a beneficiary

Customer Question

In Connecticut Probate court, if I am the wife of a beneficiary of will,can I contest the will without it affecting his standing?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me a bit more information? Is your only relationship with the decedent through your husband? On what grounds would you be wanting to contest the will? Is your husband not willing to contest it? Thanks.
Customer: replied 2 years ago.
The will is my mother in laws. My husband is listed with a specific bequest. There is a forfeiture clause. There were 9 children, 3 are deceased, 3 were left specific bequests that will not pass on if the die, and 3 were left the entire estate. There was a new will drawn up about a year and a half before my mother in law passed. Her capacity was diminished and she had undue influence from the 3 siblings that were left the entirety of her estate. If my husband contests then his bequest reverts to the estate. Does this answer your question as to whether of not I as a daughter in law and mother of 3 grandchildren have standing to contest without my husband being disinherited. Please advise
Expert:  Richard replied 2 years ago.
Thanks for your quick response. You would have no legal standing to contest the will. You would have to have been someone who could have inherited something through the will. An inheritance is the recipient's sole and separate property so this inheritance would not be marital property. So, if the will is going to be contested, your husband will have to do it. If he feels he has solid grounds, he would have a good chance of prevailing which would invalidate this will and the no contest clause.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you had standing in this situation, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
If you would like me to opt out so you can get the input of another expert, I will be happy to do so....just let me know!