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contesting a will

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gregg jenkinson

Junior Member
What is the name of your state? i am in new york but my question relates to my uncles will in tampa florida.

A few years prior to passing away my uncle changed his will, which was in palce for many years, leaving everything to the Salvation Army. the family who were written out of the will wish to contest. The will mentions a trust were he has put his monetary assets. We don't know the value but we do know no family were notified as a beneficiary to the trust. My question is if i contest the will does that also contest the trust or is that a seperate cival matter? If the answer is their seperate then can i still contest the trust after the probate period passes on the will? I am not interested in his personal belongings

I appreciate any info you could provide.
 


BlondiePB

Senior Member
gregg jenkinson said:
What is the name of your state? i am in new york but my question relates to my uncles will in tampa florida.

A few years prior to passing away my uncle changed his will, which was in palce for many years, leaving everything to the Salvation Army. the family who were written out of the will wish to contest. The will mentions a trust were he has put his monetary assets. We don't know the value but we do know no family were notified as a beneficiary to the trust. My question is if i contest the will does that also contest the trust or is that a seperate cival matter? If the answer is their seperate then can i still contest the trust after the probate period passes on the will? I am not interested in his personal belongings

I appreciate any info you could provide.
Trusts and Wills are two separate issues. Looks like uncle was not interested in leaving you any of his assests. He had every right to leave ALL his money to the Salvation Army via will and/or trust. Looks like you'll have to go gold digging elsewhere.
 

Dandy Don

Senior Member
You need to look at the will to see if uncle mentioned a specific reason why he was disinheriting the family. He may have put all of his assets into the trust, but if he didn't, you need to get some idea by looking at the probate file or the will to see if there are any assets left in the will to be probated.

If he put all assets into the trust, you are out of luck, since you have no legal status to contest the trust if you are not a beneficiary in the trust. Go on with your life and forget about this, since it would cost you thousands of dollars to contest the will with no chance of winning.

DANDY DON IN OKLAHOMA ([email protected])
 

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