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A question regarding a will challenge specifically for rowz

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biffpantera

Junior Member
What is the name of your state (only U.S. law)? ct
I face a will challenge by the next of kin, and from reading through the forums you've been through something similar.

In this case it was my partner (we were not married) of ten years whom passed away. She willed her estate to me; no cash, no jewelry, only property (house & land). Worth maybe 500k, little debt.

She had 2 children (they are adults & married, both worth more than she ever was - financially that is, as human beings, thats another story). They don't like the will, naturally. They submitted a copy (they made without the deceased's knowledge) of a very old will to probate and played dumb about the current will, even though they were well aware of it (even told us to our faces they were "happy" with it). With that said, they've actually made quite a bit of headway with probate...held up the current will for 5+ months while they "investigate"...and are able to get hearings at the drop of a hat (to harass me, of course). I know there's some small town BS going on (they got their original hearing on their will "copy" within 3 days of submitting it, which was submitted as soon as humanly possible after the death - so much for grieving)

Anyway I have a lawyer on it and I think I have a good position since frankly our relationship was very good and I did nothing underhanded, she made her decisions on her own and as far as her will, she did that with her lawyer.

But, that doesn't matter to the upset children; they are slinging mud all over; none of it is even remotely true, but its not so easy to disprove lies and they have succeeded in turning a few people against me.

anyway I was wondering what advice you may have, having been through something similar. thanksWhat is the name of your state (only U.S. law)?
 


anteater

Senior Member
Advice about what?

Your advice should be coming from your attorney. Not an internet forum.


Edited to add: If you haven't found this out already... Unless Connecticut has taken steps to clean things up in recent years, probate in Connecticut is widely considered to be a disgrace - complete with untrained, part-time judges, cronyism, corruption, outlandish expenses....
 
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biffpantera

Junior Member
Yes, I've been talking to my attorney, but it never hurts to ask around.

As far as Ct probate being a disgrace...you are right on. And this case has been exactly that, call me Pollyanna, because I thought the truth would win out...or at least matter.

I've been waiting 5 months just to a will accepted by probate. The "Son" who is contesting the will got a hearing in 3 days of submitting a "copy" of a 30 y/o will. He's lived in this town his whole life. I've lived here for ten years and I keep pretty much to myself...no political parties, SBA or any town hall BS. I know the "Son" knows somebody in the court, be it the judge or a clerk, because the few times I've called to just ask about anything, once they hear my name, I get totally stonewalled. Which is wrong because as far as I know, probate court info is supposed to be available to anyone.

I cared for my partner for the last 1.5 years until she passed away in our (her) home. Her "son" did nothing, actually less than nothing because he was trashing me all over town when I could have used some help. Now he's the "bereaved" son, shedding tears at will, etc. And now I'm the controlling mastermind instead the caring partner! all for what...it'll amount to nothing once the lawyers are done with it. I haven't even had a chance to grieve or recover from the dying process.
 

anteater

Senior Member
The thing is that you aren't asking any questions that can be responded to. You are in court now and you have an attorney.


I queried an old friend in CT about the state of cleaning up the probate system there. Not good. He told me to just do a search for:

Josephine Smoron

It has all the elements of a good made-for-TV movie. A now-censured probate judge, an attorney/conservator, a good samaritan farmhand/caregiver for the deceased, a hearing with no notices, wills, trusts, the Roman Catholic Church, a real estate developer... and cows.

Lots of stories in the CT papers, but one of the latest is here:

http://www.nbcconnecticut.com/news/local-beat/Judge-Censured-Accused-of-Ignoring-Farmers-Will--103522184.html
 
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rowz

Member
Hi there: Saw your post and see why you looked for me.

Let your lawyer do the work, and stop worrying about the other side.

At least in NJ it seemed like we had a fiar hearing.

We also had plenty of evidence. the other side had nothing.

The bottom line I believe, is that you will settle it out or go to trial.

The judge in our situation made it quite clear, very early on that "I have a perfectly good will here" and that there would have to be quite a bit of compelling evifdence to overturn it.

The other side had NOTHING, just bluff & bluster.

It still took just shy of 2 years to "settle" and then almost another 5 months for the other side to perform. You should have heard them when they found out that they tax to pay [realty transwfer fees]and what their final legal bill was.

It cost MANY thousands of dollars. Lots of stomach lining & emotional wear & tear.
Luckily the estate had some $ that ended up going to the lawyers and tax man.

As you are un-related, google CT. inheritance tax to see if there is any and what it could cost you to inherit.

Re-reading your post. it may not be a big deal as the will was drawn up properly. Others will tell you differently, but its up to them to prove that there was wrongdoing., i.e. witnesses, medical records, etc., etc. Let them produce it.

OR****************************....

It may be better for you to offer the other side a $$ figure that you can live with and get out, get out now.

That is my opinion unknowing of any facts.

In short order, the decedent will be all forgotten.

Its about $....as others here have posted as tag lines....law suits are not about proincipal, they are about $$$.


Good luck.

RowZ

PS. I bought out the other side, renovated the real estate and in Oct. will collect my fifth months rent next week.

The decedent passed Dec. 2006
 

biffpantera

Junior Member
Hi Rowz

Thanks so much for responding. I appreciate hearing your story.

Yes, sadly the decedent is already forgotten. Not by me, but the other side has created this imaginary person who was "controlled" by me and has "told" her son (since she passed, by the way) that she really wanted him to have it all. Maybe they'll get a psychic to testify ;)

Yup, lots of bluster & bluff, but I can't underestimate what they may do. I bet my lawyer that they will produce some "document" (i.e. "forgery") along the way. They are desperate and unhappy people. They already have an in at the local probate, they get hearings at the drop of a hat, all done to harass me, so maybe its better to let this go to trial (got a hearing on a "copy" of an old will in 3 days upon submitting it - I'm not even sure my partner had been pronounced dead yet). 5 months to even consider her real will.

Its dreadful to think of the situation hanging on that long, but I know thats the tactics people use in these cases. The will is solid, but like you said, the court isn't particularly interested in the truth, if at all.

But, I feel its right to stand up to these people. They are bullies, who bullied my partner for years, long before I was ever on the scene. The son was the type of person who deserved to be disowned....and those are my partners words because I always tried to work things out. I was always kind to him hoping he could see that we were just two people sharing our lives together.

The estate has no $, just real estate. My partner had her house, but it was my cash that kept this place afloat and her son knew it. He never offered her as much as a penny even during her passing, he picked up a prescription once and hounded me for the five dollars he had to shell out. Didn't even offer to help around the place when we were working with hospice. I gave up working for 2 years to care for her, which I'm glad I did...and near the end many of our closest friends helped out so much with her care and many other kind folks offered to help, which is exactly how my partner wanted it.

Naturally thats not the story being told...
 

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