A legal ESTATE / HEIR question

[CRUZTAKER]

I have searched the internet, and aside from registering at a Legal forum and asking, I have not found an answer.

Perhaps someone here knows the answer, and whether or not it is State determined.

"IS A SIBLING A LEGAL HEIR TO AN ESTATE?"

In other words, may a sibling contest an estate (will, living trust, or TODD) left to a third party if the estate owner had no spouse and no children?

[Pat]

Sibling - one of two or more person having one or both parents in common.
Brother/sister/step brother/sister(s). Not adopted persons.

This sounds like a sibling passed and left their estate to a non-sibling.

In America one can contest anything.

Look at Anna Nicole Smith and her elderly husband's estate vs paternal children. Didn't she win?

Go for it. Prolly need something to show intent, change of mind or heart, defective will, things like that.

[martyo]

Depends on the state.

And, will contests are not uncommon. They are often based on the grounds of duress and sometimes fraud.

The best bet here is to get with a local attorney knowledgeable in estates. Going to one of those legal forums may point you in the right direction but should not be your only resource for information.

[CRUZTAKER]

I shall investigate precedence in Ohio. Thanks all.

Nothing going on here. It was more of a discussion with someone offsite today. A neccesary look to the future kinda of thing. Is there a bullet proof way to leave one's belongings to whomever they choose...AND avoid probate, and (sorry Marty) the attorney.*
In regards to the to general Law from what I recall, I may be off a bit; Where as a will can be contested up to 3 months, and a Living Trust something like 3 YEARS. What if there was an estranged brother that wanted to be a p***k and shake things up out of greed? What if one have both drawn up, and the Will was very clear.

*I only say this out of experience with my father's estate. His estate wasn't worth much, and it wasn't taxed by todays current rule, but the attorney fee was quite high in my opinion in comparison.

[Aren Jay]

Simple answer is YES.

Not so simple answer is, a will can give anything to anybody. If they don't want it or refuse it then it would go to a spouse brother sister child or grandchild.

Then on down the line.

Think of Monty Brewster.

[Mike Poore]

As Marty said, it depends upon the state. Here in PA the legal challenge must be before the court no later than one year from the time the document (will) was registered. Also, by going to the registrar's office and paying a very nominal fee, a copy of the will may be obtained.

Regarding a trust, if it can be shown that the trust officer(s) are inept, not competent, or miss-management can be proven; who is administering the trust may be challenged/changed, by the court; but not the terms, as far as the beneficeries are concerned.

We had a high profile local case where an attorney produced a "suspicious" death bed bequest with the dying person signing with an "X" in her last hours. The challenge was not presented within the required one year time frame, and was thrown out.

[knine]

PM me for my personal info so you can add me to your will. :D