MW 'I found out too late': My stepmother cheated me out of $500K from my father's estate. What can I do?

By Quentin Fottrell

'Within a week or two after the deadline to contest the will expired, my stepmother sent me an email stating she would not share anything'

"My siblings kept it a secret that our shares were all being given to my dad's new wife of two months." (Photo subject is a model.)

Dear Quentin,

If someone promises to share the wealth from a will and doesn't, you may have legal options.

Maybe this will help someone else. I found out too late, but it appears you may have options if you are left with nothing in a new will and the new spouse says she will share the wealth - then, after the period to contest the will passes, says you get nothing.

It's called "promissory estoppel" and there is typically a three-year statutory limit to bring it to court. Also, look up constructive trust and attorney's fees (sometimes possible under equitable relief if bad faith is shown).

In my situation, my siblings kept it a secret that our shares were all being given to my dad's new wife of two months. The wedding was rushed, with only one sister in attendance. The will was changed months later, and after that, my dad died. That's when I found out about the new will.

A week later, the new wife told everyone she would share the wealth, including me personally. Contesting the will was going to be difficult because my wealthier siblings were okay with it. My dad had also suffered a heart attack within a week of signing the new will.

I wouldn't have ended up with much after legal fees, so I decided to see if she would share, as my siblings suggested. Within a week or two after the deadline to contest the will expired, my stepmother sent me an email stating she would not share anything.

Whether my siblings knew that would happen is unknown. That email is what starts the clock on estoppel. I thought it was over at that point, but that's actually when I had a much stronger case. This sudden marriage and subsequent will-change cost me about $500,000.

I also later learned that if parents have two similar wills and one of them dies, courts can consider it a joint will. That means the remaining parent cannot drastically change the will as happened in my case. I suggest saving copies of all wills for future reference.

What's your take? Is it too late?

The Stepson

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

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It ultimately depends on whether the promise was sound and/or whether you made decisions based on it.

Dear Stepson,

Yes, promissory estoppel is a legal doctrine in some states. But it may not be too late.

The deadline to contest a will can be a matter of months in many jurisdictions, but the statute for promissory estoppel varies from two years to six years, depending on where you live. The reason is not because you're contesting the will, but are effectively bringing a case against your stepmother's alleged breach of promise.

I'm not sure your father's heart attack, which happened after he signed the new will, would play a part. Your stepmother could argue that they married specifically so she would inherit the estate. (An attorney could better advise you on the merits of your case, whether it applies in your state and/or if there is evidence that such a promise was not fulfilled.)

That aside, you may have a good case. If your stepmother did indeed talk you out of suing by promising you a share of the estate, and you miss the deadline because you trusted her, the law may treat your lost lawsuit as the "price" you paid for that promise - or "forbearance to sue" - and may force your stepmother to honor her promise.

The facts, as you describe them, may not be regarded by the law as a casual promise.

The facts, as you describe them, may not be regarded by the law as a casual promise. Your stepmother appears to have persuaded you not to exercise your legal right - in this case, contesting probate - and then refusing payment. The court could see this as equitable fraud or unjust enrichment, usually easier to prove than promissory estoppel.

If someone makes a promise that they should reasonably expect you to rely on - and it's reasonable for a normal person to rely upon that promise - and you get hurt because of that so-called "reliance," a court may enforce the promise to prevent unfairness. So it ultimately depends on whether the promise was sound and/or whether you made decisions based on it.

"A party plaintiff's misguided belief or guileless action in relying on a statement on which no reasonable person would rely is not justifiable reliance," according to Vondran Legal, which has offices in California and Arizona. "If the conduct of the plaintiff in light of his own intelligence and information was manifestly unreasonable, he will be denied a recovery."

Burden of proof

As always, the burden of proof would be on you to make your case that your stepmother made an unambiguous promise. In legal terms, that could include a text, email or letter that says, "I will give you $500,000 or one-third of the estate. (Other situations may include statements like, "I'll cover your $5,000 moving expenses," or "You have the job. You start in a month!")

If your stepmother acknowledged in the email she sent you after the statute of limitations expired on contesting the will, even implicitly, that she promised to give you $500,000, that could suffice. If would, possibly, prove admission of a prior promise and proof of reliance damages. Your lost chance to contest the will likely start the clock on the statute of limitations.

Generally, you also have to show that you took actions or, in fact, chose not to do something, based on this promise that was detrimental to you financially. This evidence might include financial statements - perhaps you made a purchase based on the expectation that you were receiving $500,000 - or maybe held off on taking a lucrative job.

Your lost chance to contest the will may start the clock on the statute of limitations.

Identical wills are not joint wills. Joint wills are complicated and, unlike trusts that become irrevocable upon one spouse's death, are not necessarily unchangeable after one spouse dies. Mary G. LaGrone, a Nashville, Tenn.-based attorney, expresses caution about joint wills, one document signed by both spouses. "Some probate courts won't even honor them," she says.

"A potentially serious drawback to a joint will is that once one of the spouses dies, the other can't make changes to it, no matter how necessary," she adds. "If an adult child, for example, demonstrates that they're no longer able to handle their future inheritance - perhaps because they've developed a drug or gambling problem - there's nothing you can do about it."

It's not clear that your father and stepmother's wills were mutual wills. "These are two identical wills created by each spouse," LaGrone adds. "They include an addendum - codicil - stipulating that neither can be changed unless both spouses agree. Just as with a joint will, this means that the surviving spouse can't change the terms of their will after their spouse dies."

You have a lot on your side. Just remember, an oral promise may not be enough.

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-Quentin Fottrell

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February 24, 2026 08:26 ET (13:26 GMT)

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