My dad had made a Will before he passed leaving everything to me and my siblings. Out of the four of us, only two of us grew up in this house. The other two didn’t and don’t want anything to do with it. Can I contest his will and gain the house?

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My dad had made a Will before he passed leaving everything to me and my siblings. Out of the four of us, only two of us grew up in this house. The other two didn’t and don’t want anything to do with it. Can I contest his will and gain the house?

A week before he passed, my dad had told me to get him a recorder. I couldn’t
find one. So, I used my laptop. On this laptop is my dad stating that he wants
his house to go to me until I pass. Then after I pass, it is to go to my oldest
daughter, his favorite. Will his recording trump the previous one he made as a
last minute type thing?

Asked on June 3, 2017 under Estate Planning, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

CA does not recognize an oral or "noncupative" Will. Accordingly, your father's existing Will, shall control the disctibution of his estate. Here is a link to an article that will explain further: https://law.freeadvice.com/estate_planning/wills/oral_will_valid.htm


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