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Will contest--how do I do it myself?

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dantevolta

Junior Member
What is the name of your state? New York

Father died 1997 in New Hampshire, leaving total estate to mother, who had long history (dating back to the 1950's) of mental problems. Mother adjudicated incompetent in 1985, signed Will in NH in 1984. Mother died in Albany,NY in 8/2007. Will disinherited 3 adult children in favor of granddaughter and niece. One child not contesting, another, who disappeared in 1981, turned up unexpectedly and is contesting. I am contesting also, but only on my own behalf. Probate hearing was held 10/23, formal objections must be filed by 11/20/07. What documents are required? How do I go about contesting?

Thank you in advance for any advice.

Dantevolta
 


seniorjudge

Senior Member
Q: Will contest--how do I do it myself?

A: You don't. Hire a lawyer, unless it doesn't really matter to you ... then do it yourself.
 

dantevolta

Junior Member
Doing it myself

Thanks for the advice, Seniorjudge, but the attorneys I spoke to want money up front. Haven't got it, and I haven't found one who will take it on contingency, if that's legal in NY.

dantevolta
 

aanubis

Member
Thanks for the advice, Seniorjudge, but the attorneys I spoke to want money up front. Haven't got it, and I haven't found one who will take it on contingency, if that's legal in NY.

dantevolta
And here we have the answer. The op doesn't have money, and now wants money that was bequeathed to someone else. If the will was properly witnessed, etc, then your mother was of sound mind and made her decisions. It is her choice to leave it to whomever she pleases and if indeed, she did disinherit the three children, then so be it. Surprise, surprise, no one has to leave their money to their children.

Money.
 

Dandy Don

Senior Member
What is the value of this estate and what do the assets consist of?

Is it possible there could be medical records or testimony by doctors that this lady could have been suffering from mental incompetency during the time she signed the will? If so then the will could be declared as invalid and then the estate divided according to intestate law.

Perhaps you could ask the sibling who is also contesting if he would be willing to split legal fees with you.

DANDY DON IN OKLAHOMA ([email protected])
 

Dandy Don

Senior Member
If the will gave a specific reason why the children were disinherited, please don't waste time and money trying to contest, as it will be useless to do so.

DANDY DON IN OKLAHOMA ([email protected])
 

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