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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11768
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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First of all my family & I live in Texas. My father decided

Customer Question

First of all my family & I live in Texas. My father decided to disown me (I am his first born - a daughter). I have never done anything to deserve this from him. My brother & I grew up in a verbally, emotionally & sometimes physically abusive home. My father is a narcissistic, controlling man and if you don't conform to how he thinks you should be or act, he will cut you from his life and put all the blame on you. He cut me out of his life, along with his grandkids & great grandkids. Never wanting to get to know or be a part of their lives. Because that would mean helping me & maybe having to give them some of his money. We were no longer worthy of any his time, help or money. I tell you this, to give you a foundation for his actions & my questions. My brother, who is 6 years younger than me, decided later on in his life, that he wanted a relationship with our dad - this was when my dad was in his early 70's. I tried to have one with him, but what I was able to offer, to this man who didn't know me nor I him, was not enough. My dad made out a will and left me completely out of it, leaving the bulk of his belongings & money to my cousin & some to my brother. My brother was very upset & told him whatever dad left him, I would get half - that it was wrong to leave me nothing. Later down the line, my cousin came into a lot of money & he told my dad that he wanted him to give my brother everything. That it was wrong for him not to - because he is his son! My dad went to his lawyer and changed his will giving my brother everything and deliberately leaving me nothing. But he set it up to where the money goes directly to pay my brother's mortgage, his health insurance & medical bills as they come up. He made it so there would be no cash coming to my brother, so he couldn't give any to me. My brother is so upset - I have said all this to ask if there is any way my brother or myself can contest the will? Can an heir even do that? Does we. have any rights to fight this unfair situation? Or does my dad get to control & hurt us even after he's gone? My dad told my brother his will is "ironclad" & cannot be changed. It is causing so much stress in our family, even though I play it down as no big deal. It does hurt me & my dad has tied my brothers hands! My brother is one of those rare people that takes the moral high ground & wants things done right & fairly. I'm sorry this was such a long message, but if there us any help/information you can give us, it would be so greatly appreciated 🙄
Submitted: 1 year ago.
Category: Family Law
Expert:  Olivia Kent replied 1 year ago.

Hello Deborah. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, occasionally I will respond from a mobile JA unit, which automatically asks you to submit a rating once I submit a response - but please don't feel like you need to do so until we are done speaking. Your father is not required to leave you anything in his will, as difficult as that may be to hear - and it sounds like he went to a great deal of trouble to prevent you from getting access to his money - or else your brother or someone else advised him to distribute funds the way he did (not via lump sum, but to pay bills directly). Unless you can show there was some fraud committed by the lawyer or your brother or that your dad prepared his will under duress or that he was incompetent or something along those lines you wouldn't be able to challenge his will as "unfair." A person is not required to leave his children - or anyone else - any of his money.