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will contest

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bjs1fan

Guest
my fathers sister is contesting his will to me his only living offspring (child)

What is the name of your state? illinois but case deals in new york. yes my father died and left the will to his only living offspring. The will is a very large sum of money.After his sister learned of the will with me being the heir to the estate she started a will contest. we havent gone to probate court yet though. My father also owned about 5 businesses. He had the will which included money and his businesses and home with me being the only person to recieve it. my fathers sister says they were business partners and she deserves most of the money. me and my lawyer offered her all of his businesses but she said she doesnt want that she wants most of the money.she also says that his parents are still alive and they arent in the will.His sister wasnt even at his funeral she used the excuse she was out on business but if they were business partners wouldnt she of know and been at her own brothers funeral.my father changed the will about 7 years ago and shes claming i forced him to change it. If she was his business partner what does that enititle her to even though her name wasnt on the will. how long does it usually take to get into probate court and how long does it usually take for it to be over.also i was wondering if you know of a site that has new york state laws dealing with contesting of the will and any other sites that maybe helpful.also is it true that most of the time the people who do will contests end up losing in court.
 
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Dandy Don

Senior Member
Sister has almost no chance of successfully contesting the will, since the designated beneficiaries are pretty clear-cut and she has no grounds for contesting.

Are the businesses mentioned in the will and the decisions about how he wants the businesses to be handled after his death? She might have a claim to a portion of the businesses if there is an official record of their partnership, but you need to consult with a probate attorney in person to get everything sorted out.

Since New York has a lot of probate cases, it could be a few months before your case is even heard, but whoever the executor is needs to get the will filed now to get the whole process started.

DANDY DON
 
B

bjs1fan

Guest
response to will contest

i was soul beneficiary to the estate and no where was my fathers sister name on the will. she claims that she has proof they were business partners. how many times can she appeal the case in probate court. if she can prove that they were partners but her names wasnt on the will anywhere what does that intitle her to?also do u know of any other lawyer advice sites?
 

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