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  1. #1
    pattmatt is offline Junior Member
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    May 2011
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    Probate of Estate

    What is the name of your state (only U.S. law)? MS

    I petitioned the court to open my deceased father's estate and my step-mother and her attorney answered the petition back admitting that my deceased father died intestate.

    The first court appearance to appoint the administrator of the estate, my step-mother's attorney tells the judge there is now a will. My attorney comes out of a lengthy chamber meeting with judge and other attorney and says the judged accepted the will as valid and it will be accepted to probate.

    My family and I feel the will is fraudulent because it was not admitted in the first place and because the witnesses whom signed the will are my stepmother's son and her daughter-in-law and they witnessed the supposed will on two different dates.

    I just want to know if it is legal to answer a petition one way and then turn around and change your answer?

    Will I have a good chance of contesting the will and is it worth the effort to continue this fight?
  2. #2
    justalayman is offline Senior Member
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    =pattmatt;2819303]

    I just want to know if it is legal to answer a petition one way and then turn around and change your answer?
    if conditions change, of course. While it looks suspicious, it may be that the will was not known of at the time and once discovered, it was presented to the court.

    Will I have a good chance of contesting the will and is it worth the effort to continue this fight?
    no way to know if you have any chance of winning a contest of the will. Not enough information to make that determination. As to it being worth it; again, not enough info. Nobody here has any idea how much money is involved and how much you are willing to spend before it no longer is "worth it".

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