Handwritten, notarized will...can it be thrown out of probate?

What is the name of your state? South Carolina

My grandmother has recently passed away. During the last 5 years of her life, she used her small ammount of money( $20,000 and a $75,000 home) to manulipate the grandchildren. To say she was controlling is an understatement. One by one, the grandchildren refused to be a part of her life because the stress was just too great. Finally, in the end, my brother and his wife were the primary caretakers for the last two years. During this time, my grandmother made at least 5 different wills naming various grandchildren as the inheriters and leaving the others out in the cold. The last "will" was made within the last year and has been notarized. Is there a way to get this document thrown out of probate and do I need an attorney?

This money has been in place since the death of my grandfather and my mother. Both died of extended illnesses and all the grandchildren participated in their care. This just seems to be a great injustice and I don't know where to begin. Thanks for any adivce.

"Is there a way to get this document thrown out of probate"
*** There is no way that anyone can answer that without a COMPLETE review of the will itself.

"and do I need an attorney?"
*** Yes.

Wouldn't getting an attorney be cost prohibitive considering the small amount of proceeds from the estate?

"Wouldn't getting an attorney be cost prohibitive considering the small amount of proceeds from the estate?"
*** Depending on the full facts, it could be impractical to pursue this issue. Since this is a legal forum, we can only provide a LEGAL answer to you. The decision on whether to pursue it or not is yours.

Does the signature look like hers or not? Unless the will is an obvious forgery, it won't do you much good to contest. It's just another way to give the shaft to all of you, continuing her mean personality after her death.

Dandy Don said:

Does the signature look like hers or not? Unless the will is an obvious forgery, it won't do you much good to contest. It's just another way to give the shaft to all of you, continuing her mean personality after her death.

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**A: after her death she had a mean personality?

Talented lady.

Dandy Don said:

Does the signature look like hers or not? Unless the will is an obvious forgery, it won't do you much good to contest. It's just another way to give the shaft to all of you, continuing her mean personality after her death.

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My response:

Reaching up and out of the cold, dank, earth is her dripping, scaling, worm-eaten hand and arm - - stretching, stretching ever upward until finally, it grasps the throat of Dandy Don and squeezes and chokes the life out of what is now the carcass of a FreeAdvice member. Then, a voice - - first weak, then getting stronger and louder - - it says, "Hey, you think I was "mean" when I was alive, then get a load of this!", and Dandy Don is pulled into the pit to spend all eternity with Hell's newest Queen!

IAAL

Great nonfiction writing IAAL. My compliments.

Ah, but I predict that 'Dandy Don' will be saved when he asks some more of his fully expected non-relevant "what was the state of her mind immediately after she died?" and "on what date did she sign the papers?" questions.

If I ask such questions, they ARE relevant to me in getting a clearer picture of the situation. It is your posting HERE that is totally irrelevant.

JETX said:

Ah, but I predict that 'Dandy Don' will be saved when he asks some more of his fully expected non-relevant "what was the state of her mind immediately after she died?" and "on what date did she sign the papers?" questions.

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My response:

Yes, JetX. And, aren't you pleasantly surprised that Dandy Don didn't ask his usual, ubiquitous question - - "What's the value of her Estate?"

I was thrilled not to see that question! But, I have to give Dandy Don credit - - he hasn't been asking that question like he always used to.

Thanks Dandy Don!

IAAL

JETX said:

Ah, but I predict that 'Dandy Don' will be saved when he asks some more of his fully expected non-relevant "what was the state of her mind immediately after she died?" and "on what date did she sign the papers?" questions.

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**A: and did she sign the papers after she died or before she died? Did her attitude and mean personality change immediately after her death or did it take awhile? And lastly, does her signature look like hers or that of someone else that is dead with a mean personality?

Dandy Don said:

If I ask such questions, they ARE relevant to me in getting a clearer picture of the situation. It is your posting HERE that is totally irrelevant.

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My response:

Okay, here's a "clearer" picture for you, Dandy Don - - she was the meanest bitch west of the Pecos!

C'mon, Dandy Don, we're just playing with you. Hell, a lot of times, we're the brunt of people's jokes and humor too. It's all in good fun. Is that "clear"?

IAAL

Hello All, to give a little more insite into the problem, I have not yet seen the will, but it was written exactally the same as all the rest of them, by a family member as it was dictated to them by my grandmother{ the family member in question being the one to inherit all the assets}.

There are 4 surviving grandchildren, 3 of whom have been left out completely, leaving all assets and real estate to my sister-in-law{not a blood relative} and her oldest child. This document was signed sometime within the last year. There are several concerns about her state of mind, which can be proven by the number of times the title of the home was placed in all of our names and changed with a month or two. The same applies to her bank account, which now appears to be in the neighborhood of $30,000.

While researching this problem, I have read that handwritten wills, created without the benifit of legal advice, can be thrown out due to their inability to meet state requirements and so forth. Prehaps this info is incorrect. At the moment, this seems to be the best avenue of approach, but is too early to assume yet.

Thank you all for your imput. Prehaps this will give a little more information to consider.

Thanks again, catnabox