• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Estate Contesting

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

elisaortiz

Guest
North Carolina-

My grandmother died last summer. Shortly beforehand, my aunt who had been taking care of her (against the desires of her siblings) informed us that the will left everything, land, estate to her. Since my grandmother had been almost entirely incapacitated for ten years before she died, no one questioned that somehow my aunt had gotten her to sign something like this.

However, one month ago, this aunt asked her siblings to sign letters stating that they had received their portions of the estate. My uncle signed his, thinking there was nothing to receive. My mother, suspicious, signed one stating that she had never seen the will and had been given to understand she was not to receive anything. My other aunt refused to sign, became very suspicious, and ordered a copy of the will. In the will, which was created in the borderline of time when my grandmother became unable to think for herself, all land property is given to my aunt who was caring (badly) for her, and named her executor. There is an allowance that if any of her siblings request it, they can receive one acre of land on which they may build their primary residence, but they may not sell the land to anyone outside the family. The remainder of the estate is to be divided equally among the four children. We are fairly sure there is no money whatsoever, but there are many items in the house (which has been locked by the aunt/executor) which hold high personal value and some are somewhat valuable. There is no inventory of the house and the aunt is refusing access. Is there a way we can force her to inventory and split up the contents of the house and also account for the monetary portion of the estate (whatever is left)? Also, is there any way to overturn this questionable will and return to primary will that was reissued several times throughout her life in the exact same manner, that all land and properties were to be divided equally among the four children?

Also, there is a clause saying that if anyone challenges the will or is in violation of it, they forfeit their portion- but isn't the aunt who is executor in violation?
 


Dandy Don

Senior Member
Is there anything in her medical records or would doctors testify about whether she was mentally incapacitated on the date the will was signed? If so, then you might have a great case for contesting, especially if you have an original or copy of the previous wills. An attorney would have to examine it to see if the signature looks valid or forged and if it was witnessed by the correct number of witnesses, etc.

Obviously it would be stupid to sign a letter saying you had received everything from the estate if you haven't seen an accounting, but the letter in itself is suspicious since that is not done under normal procedure and it is a red flag that the executor has something to hide. Has everyone even received their one acre of land and has the estate paid for the expense of getting title to the land changed to the heirs names?

Without any pictures or receipts or other documented evidence of valuable items in the inventory, it's going to be your word against hers in court and if you can't prove your allegations you will lose. Are you or any of the heirs able to attend the probate court hearings so you can keep up with what is being done with this estate?
 
E

elisaortiz

Guest
Dandy Don said:
Is there anything in her medical records or would doctors testify about whether she was mentally incapacitated on the date the will was signed? If so, then you might have a great case for contesting, especially if you have an original or copy of the previous wills. An attorney would have to examine it to see if the signature looks valid or forged and if it was witnessed by the correct number of witnesses, etc.


We can't get access to her medical records- the aunt who is executor got power of attorney long before this for other reasons, and she wont tell us who the doctor was- but from memory, she had no evidence of any disorders or alzheimers, just quickly forgot who we were and became focused on details of her youth, starting with when she first got married, then back to her childhoos- the signature is real and the number of witnesses is two- unfortunately, despite her memory running out quickly, she retained everythign else for a few years, and was somewhat adamant about it- someone who did not know her might think she was fine-

Obviously it would be stupid to sign a letter saying you had received everything from the estate if you haven't seen an accounting, but the letter in itself is suspicious since that is not done under normal procedure and it is a red flag that the executor has something to hide. Has everyone even received their one acre of land and has the estate paid for the expense of getting title to the land changed to the heirs names?


no one has gotten their acre of land because it would deem that they build their primary residence there- and no one has any desire to move back to the farm- besides most of the land is unusable for building

Without any pictures or receipts or other documented evidence of valuable items in the inventory, it's going to be your word against hers in court and if you can't prove your allegations you will lose. Are you or any of the heirs able to attend the probate court hearings so you can keep up with what is being done with this estate?


No one can attend since no one lives anywhere near the area- but since it has been a year, wouldn't the probate part be done? There are no valuable objects- anything of value was either sold or given away many years ago- the contents of the house are entirely of a personal nature- photographs of family members, old furniture, and the greatest point, a pink dress that belongs to my other aunt (the one who did not sign) whose picture was taken in it at 3, as was my mothers and mine- this came up when we tried to retrieve the dress to have my niece's picture taken before her 4th birthday- there are other items like that, family value, not monetary- there is no money left, we are quite sure of that- it is the objects of the house that are the problem- we would like her to make a list, or consent to go through the house with the other heirs to divide up the objects- with the situation as it is, she is very likely to throw away objects of personal value just ot be spiteful- as it is, the old farmhouse is caving in from lack of repair, and will soon destroy everything inside-
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top