Quora Answer: Can My Stepmother Contest My Late Father’s Will after He Left Everything to My Brother & I?

The following is my answer to a Quora question: “My stepmother is trying to contest the will because my father left everything to my brother and I, but she keeps the house.  Can she do this, and if she does, will we have to give her our portion?”

Any person can contest a will.  The purpose of the contest is to prove that the will was ill-considered, such as the deceased was of unsound mind, or induced to write such a will.  They may also seek to dispute shares based on valuation and the intent of the will.  Will contests are won and lost on technicalities.  In that light, if there is a serious intent to contest a will, then you should get an experienced probate lawyer to deal with this, and be prepared for a potentially long-drawn-out fight.  These cases tend to become personal and nasty.  Should you lose, then you will have to give out, from your portion, according to the court order.