Whether your stepmom has a case to challenge your dad's will depends on various factors, including the laws of the jurisdiction where the will is being probated and the specific circumstances surrounding the creation and execution of the will.
Challenging a will is typically not an easy process, and there are usually specific grounds on which someone can do so. Some common grounds for challenging a will may include:
Lack of testamentary capacity: If it can be proven that your dad was not mentally competent at the time he made the will, the will could be invalidated.
Undue influence: If someone unduly influenced or coerced your dad into making changes to the will that he wouldn't have made on his own, it could be grounds for challenging the will.
Fraud or forgery: If there is evidence to suggest that the will was forged or obtained through fraudulent means, it could be challenged.
Failure to follow proper legal procedures: Wills must typically adhere to specific legal requirements, and if these requirements were not met during the creation and execution of the will, it might be challenged.
Prior wills: If there were previous wills that were revoked by the current will, your stepmom might try to prove the validity of a prior will that may be more favorable to her.
If your stepmom believes she has a legitimate case to challenge the will, she may choose to contest it in probate court. The court will then assess the evidence presented and make a determination on the will's validity.
To get specific advice on your situation, it's essential to consult with an attorney who specializes in probate and estate law. They can evaluate the circumstances surrounding the will, the applicable laws in your jurisdiction, and provide you with guidance on how to proceed.