What is the name of your state? Illinois
I live in Indiana, but my father resided and died (March 2, 2005) in Illinois. First I want to apologize for being so long winded, but I want to get the facts across.
My father signed a death bed will. There are many facets to this case. One is my father was virtually held hostage by his Sister who didn't benefit from the will but wanted to dictate who did; she constantly badgered him to put his former step-son as POA and Executor of his will.(he did both)
From the time he discussed the contents of a will with me until the day he died my mother (his ex-wife), my biological brother and I were not allowed to see him. We had to call to gain permission when no one else had to. (My mother and father had been dating again for the last 9 years)
My Father and I had a constant loving relationship, I was his only child (adopted) and he wasn't married. During his illness he would tell me he loved me at least 2 to 3 times each visit.
A Will was discussed (I still don't believe a lawyer was present) on the Sat before he died. I also seen him hours after this event supposedly happen. He told me everything was to be sold and this step-son and I were to share everything. He had said only that he had spoken to the step-son not a lawyer
The following Tuesday a lawyer (a personal friend of the step-son) presented the will for him to sign. He signed it though you can not read the signature. Everything was left to the step-son and a step-grand-daughter I was not mentioned at all. My Father was in bad shape, physical pain, and possible influence of medication. He was perscribed Oxycodine and Oxycottin (but don't know if he had taken any) and I know that liquid morphine had been ordered by the Doctor and was with held by the nurse until after the signing of the Will. (Father was at his sisters). He passed away the next day. After I got there he opened his eyes, squeezed my hand and went into a coma.
I believe I have enough justified reasons to contest a Will but I read I could possible bypass a contest and ask the judge for unintentional omittance and get some of my part? For he had told me that I was to be in the Will the day he dictated his wishes and he had also told my brother I was to be in his Will just days before this. He would often get names mixed up so it's possible in my mind that he ment me when he said the step-grand-daughters name IF this was spoken at all. I had spoke to him after a nap when he was usually at his best, he was sitting up smoking while he talked to me.
This discussion was overheard by the care giver (friend of Dad's Sister) and why I believe I was denied access to him until the day he died.
If it wasn't for the cost on a long drawn out contest I would push it to the hilt; but I don't have the luxury of availability of that much cash. This is a small estate ($110 - $150k) and I really don't care about the money; it is more about principle for me, I feel the burden of trying to make thing right for my dad.
I believe the Will was drawn up by the step-son and just presented by the lawyer..... (I am going to try to go to the court house and see another Will drawn up by this lawyer. it just has way too many Executor clauses in it.. like it was done with a home computer program, and no stamp or anything noting the firm or lawyers name.)
From the lawyers own admission he only asked my father who else was in the room for competence testing.... Even at his most confused from medication he was able to do this but would often get complex thoughts messed up,
I also have another problem, this city is small and the judges and lawyers have a click relationship I am uncomfortable getting a local lawyer there but remember I live out of state.
This is a royal mess and this is only part of it. Any advice would be helpful,
his estate hasn't started Probate yet. I am just trying to focus and get my eggs in one basket before I start legal proceedings.
I live in Indiana, but my father resided and died (March 2, 2005) in Illinois. First I want to apologize for being so long winded, but I want to get the facts across.
My father signed a death bed will. There are many facets to this case. One is my father was virtually held hostage by his Sister who didn't benefit from the will but wanted to dictate who did; she constantly badgered him to put his former step-son as POA and Executor of his will.(he did both)
From the time he discussed the contents of a will with me until the day he died my mother (his ex-wife), my biological brother and I were not allowed to see him. We had to call to gain permission when no one else had to. (My mother and father had been dating again for the last 9 years)
My Father and I had a constant loving relationship, I was his only child (adopted) and he wasn't married. During his illness he would tell me he loved me at least 2 to 3 times each visit.
A Will was discussed (I still don't believe a lawyer was present) on the Sat before he died. I also seen him hours after this event supposedly happen. He told me everything was to be sold and this step-son and I were to share everything. He had said only that he had spoken to the step-son not a lawyer
The following Tuesday a lawyer (a personal friend of the step-son) presented the will for him to sign. He signed it though you can not read the signature. Everything was left to the step-son and a step-grand-daughter I was not mentioned at all. My Father was in bad shape, physical pain, and possible influence of medication. He was perscribed Oxycodine and Oxycottin (but don't know if he had taken any) and I know that liquid morphine had been ordered by the Doctor and was with held by the nurse until after the signing of the Will. (Father was at his sisters). He passed away the next day. After I got there he opened his eyes, squeezed my hand and went into a coma.
I believe I have enough justified reasons to contest a Will but I read I could possible bypass a contest and ask the judge for unintentional omittance and get some of my part? For he had told me that I was to be in the Will the day he dictated his wishes and he had also told my brother I was to be in his Will just days before this. He would often get names mixed up so it's possible in my mind that he ment me when he said the step-grand-daughters name IF this was spoken at all. I had spoke to him after a nap when he was usually at his best, he was sitting up smoking while he talked to me.
This discussion was overheard by the care giver (friend of Dad's Sister) and why I believe I was denied access to him until the day he died.
If it wasn't for the cost on a long drawn out contest I would push it to the hilt; but I don't have the luxury of availability of that much cash. This is a small estate ($110 - $150k) and I really don't care about the money; it is more about principle for me, I feel the burden of trying to make thing right for my dad.
I believe the Will was drawn up by the step-son and just presented by the lawyer..... (I am going to try to go to the court house and see another Will drawn up by this lawyer. it just has way too many Executor clauses in it.. like it was done with a home computer program, and no stamp or anything noting the firm or lawyers name.)
From the lawyers own admission he only asked my father who else was in the room for competence testing.... Even at his most confused from medication he was able to do this but would often get complex thoughts messed up,
I also have another problem, this city is small and the judges and lawyers have a click relationship I am uncomfortable getting a local lawyer there but remember I live out of state.
This is a royal mess and this is only part of it. Any advice would be helpful,
his estate hasn't started Probate yet. I am just trying to focus and get my eggs in one basket before I start legal proceedings.
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