spent money to force a will to probate

bentoveragain · Oct 25, 2005

What is the name of your state?Texas 2 years after my father's death,I asked my mother to probate his will. She refused at first then did so finally only to find out she filed the wrong will, intentionally. I spent 1,600.00 on lawyers fees to get her to file the "correct" will. Could I recover my 1,600 from her in small claims court that I had to spend to force her to do the right thing?

I AM ALWAYS LIABLE · Oct 25, 2005

bentoveragain said:
What is the name of your state?Texas 2 years after my father's death,I asked my mother to probate his will. She refused at first then did so finally only to find out she filed the wrong will, intentionally. I spent 1,600.00 on lawyers fees to get her to file the "correct" will. Could I recover my 1,600 from her in small claims court that I had to spend to force her to do the right thing?

My response:

Sure. But, you'd have to prove to the judge that your mother KNEW she was filing the wrong Will. It could have been an honest mistake on her part, and the burden is on you to demonstrate otherwise. If you can't, you can pretty much chalk this one up to experience.

IAAL

spent money to force a will to probate

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

bentoveragain

Junior Member

I AM ALWAYS LIABLE

Senior Member

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential