My 93-year-old father changed his will at the 11th hour, leaving my brother his entire $500,000 estate. Can I challenge it?

By Quentin Fottrell

'My brother had no job and needed a place to live'

"My brother told me it was all his." (Photo subject is a model.)

Dear Quentin,

My brother had no job and needed a place to live.

He moved in with my 93-year-old father in 2023 and took care of him, hiring the care my dad needed using my dad's checking account. He had himself added to the account in 2024. After making four wills, my dad finally signed a new one in September 2025 that left everything to my brother: his house ($200,000), car ($25,000) and checking account ($300,000). My brother told me it was all his. I want to hire a probate attorney.

I can pay for a probate attorney, but he will use my dad's money to fight me. What can I do?

Daughter & Sister

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You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually.

To succeed, you would need to show that your father had an established, longstanding estate plan that the final outcome contradicted.

Dear Daughter,

Don't give up before you have even begun.

I'm assuming that your father has passed away, given that you say he left your brother his entire estate. That's a red flag, if he has two children with whom he has a good relationship, and if no previous will had indicated preferential treatment. Yes, people are free to change/update their wills and potential heirs can be left with an unpleasant surprise, but your father may have felt under pressure from your brother given that he had moved in (rent-free, I presume).

To contest a will, you would need to prove one of the following: undue influence (that your father was threatened or pressured into excluding you), lack of testamentary capacity (that your father did not understand what he was signing), fraud (your brother forged the will and added your father's signature), or that the will did not meet your state's legal requirements (it was not properly witnessed or in some way did not meet the legal standard).

These are high bars to clear. Do you have evidence that would lead a court to find the will invalid? Consult a trust-and-estate attorney who specializes in elder financial abuse so you can make an informed decision. The sooner you act, the better. Have you received any formal notice from the court or the executor about your father's estate? What were you due to inherit under your father's previous will? (That will help you decide whether it's worth taking a case.)

Your attorney will have questions

Your lawyer, if you hire one, will also have questions for you. What was your father's state of health when he signed his new will? Was he diagnosed with dementia, suffering from memory problems, experiencing hospitalizations or disoriented by new medications? Was your brother involved in arranging the will, choosing the lawyer and witnesses, driving your father to the appointment or sitting in on the meeting when the will was signed?

This gives you an idea of the kind of case you will have to build. It will be up to you to make the case. Your brother has an easier job here; he just has to stand firm, and provide you with the documents showing that he is the sole heir. But it's not the first time a court will have heard that a caregiver has been added to an elderly person's bank account as a co-owner rather than a cosigner. Your lawyer should contact your father's bank to alert them of any legal case.

Friedman & Ranzenhofer, a New York-based law firm, outlines the various steps to challenging a will. "The first step in contesting a will is to file a petition in the Surrogate's Court," it says. "The petition must be filed in the county where the deceased resided at the time of their death. Act promptly, as New York law imposes strict time limits for contesting a will. Generally, a will contest must be initiated within six months from the time the will is admitted to probate."

An arduous and expensive process

"Successfully contesting a will requires substantial evidence to support your claims," the law firm adds. "Medical records can provide insight into the mental state of the deceased at the time the will was created. Witness statements can corroborate claims of undue influence or improper execution. Additionally, documentation such as emails, letters or other communications can help establish the presence of fraud or undue influence."

It's not for the faint of heart. To your point, it can be traumatic, lengthy and expensive, particularly if the parties don't settle before the case goes to trial. "The trial can be a lengthy and arduous process, requiring meticulous preparation and a strong legal strategy," the law firm notes. "The burden of proof lies with the party contesting the will, meaning they must demonstrate that the will is invalid based on the grounds presented."

To succeed, you would need to show that your father had an established, longstanding estate plan that the final outcome contradicted. Undue influence carries a high burden of proof, particularly when the alleged influencer is an adult child who, your brother will argue, devoted three years to caring for your father. Each state also sets its own statute of limitations for these cases. The statute of limitations for challenging a will can range from just a few months to years.

You have an uphill battle ahead of you.

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By emailing your questions to The Moneyist or posting your dilemmas on The Moneyist Facebook group, you agree to have them published anonymously on MarketWatch.

More columns from Quentin Fottrell:

My wife cried when I found out she had only $80,000 in her 401(k). I have $2.2 million. Am I wrong to be shocked?

'She's living the dream': My stepmother said I can buy my childhood home for $850,000. Is she taking advantage of me?

My father-in-law, 81, sold his $75,000 home to pay his daughter's $50,000 debt. How can I keep him from becoming destitute?

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-Quentin Fottrell

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11-07-26 1100ET