Can we contest?

[refractoryman]

What is the name of your state? Ohio

My cousins and I just received our split from probate. It was a $4000.00 insurance policy split among 10 people. We are assuming that there was a larger amount in the neighborhood of $500,000.00 - $1,000,000.00+ that our one cousin (Executris) had our Uncle transfer into her name along with the house. Can we take her to court on grounds she unlawfully coerced him into signing everything over to her? We believe there may be individuals who are willing to go on record on our behalf. (Nursing home, Nurses and neighbors) My Uncle passed away July 14, 2004. Is it to late?

Thanks

 

[Dandy Don]

You have not provided enough evidence to make a determination here.

You would have to look at the specific assets and how they were titled and whether any beneficiaries were named or not, although it does look like she may have perhaps gotten power of attorney or used other means to coerce. Your attorney can examine the evidence to determine whether you have a case, and you probably do. You need to find out from your attorney if that state has abuse of power of attorney laws, which may accomplish the same thing as contesting since she got access to assets before the death happened.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

Will contest statutes are notoriously short. You need to ask a lawyer in your state about this.

(I am assuming there was a will here.)

In any event, if (big word) there is a will, it probably has a no contest clause and that can lead to some bad conclusions for the person who contests:

https://forum.freeadvice.com/showthread.php?t=227333

 

[GaAtty]

GAAtty

What you are describing is that you suspect undue influence. It sounds like you think the executrix used undue influence to persuade him to make her executrix as well as put the house in her name. (There also could have been a challenge based on lack of capacity on his part, especially if he had Atlheimner's or whatever) Unfortunately, the time to challenge that was probably when the will was offered for probate. That's when you should have objected by filing a caveat, which would have said basically all these things. Then you would have had a court hearing or trial to determine if there was undue influence, and that's when you would have had the people testify. I don't know the law of your state, and you should ask a probate attorney in that state, but chances are pretty good that if this person is already acting executrix you may have missed your chance. Check it out.