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The Water Cooler
General Discussion
Any OSArs familiar w/estate/probate laws?
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<blockquote data-quote="Tom&#039;s Thumb" data-source="post: 1820573" data-attributes="member: 4089"><p>This isn't for me. It's a hypothetical.</p><p></p><p>Let's say a parent leaves half his estate to his only child. He leaves the other half to, say, his ex-con nephew and his sister.</p><p></p><p>Let's also say, still hypothetically speaking, in his will he stipulates that any of the beneficiaries who contest any portion of the will lose their share.</p><p></p><p>My hypothetical scenario asks two questions. First, is it the case that if the child were to contest the bequest to the nephew, would the child lose his share? Would the probate judge actually honor that condition (the condition of losing his share)?</p><p></p><p>Second, assuming that when the parent passed, the parent was of sound mind. Would there be any condition whereby the child could successfully contest the will? </p><p></p><p>In OK, a probate judge is going to attempt to honor the wishes of the deceased, correct?</p><p></p><p>thanx</p></blockquote><p></p>
[QUOTE="Tom's Thumb, post: 1820573, member: 4089"] This isn't for me. It's a hypothetical. Let's say a parent leaves half his estate to his only child. He leaves the other half to, say, his ex-con nephew and his sister. Let's also say, still hypothetically speaking, in his will he stipulates that any of the beneficiaries who contest any portion of the will lose their share. My hypothetical scenario asks two questions. First, is it the case that if the child were to contest the bequest to the nephew, would the child lose his share? Would the probate judge actually honor that condition (the condition of losing his share)? Second, assuming that when the parent passed, the parent was of sound mind. Would there be any condition whereby the child could successfully contest the will? In OK, a probate judge is going to attempt to honor the wishes of the deceased, correct? thanx [/QUOTE]
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