My brother who was left out of dads will is challenging it. We want to settle before more anger, nastiness, and resentment sets in. What can be expected in a settlement?
In a settlement, instead of getting nothing, and having to pay his or her own legal bills, the cut-out heir would get something, deplending on the size of the estate. If the estate were not huge the cut-out heir might take the lesser of $10,000 or 10% of the net estate. While that’s 40% less than the 50% of the net estate (less the legal fees) one he or she would get if the contest were successful (less his or her own legal bills) if there were only 2 heirs at law (such as if only 2 kids and no spouse or surviving children of a deceased sibling), it is far better than a stick in the eye if the Will were NOT thrown out. Apart from what the Will says, in many families a parent can vacilate between kids, changing the Will repeatedly with one favored, then another, etc. It thus becomes a matter of change who was “in” and who was “out” at the time of death.
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