Disputing a Will

My father passed away two years ago and left a very simple will. At that time I was named in the will receiveng a Deed of Trust for property that he had sold in 1978. The rest of the estate went to my step mother and then to me if something happened to her within 60 days. He also gave verbal instructions to his wife, my former aunt and now step mother on certain items to be given to myself and sons which she never followed through on. These were not in the will but the conversation was witnessed by several other family members.
My step mother is now dying of lung cancer and has sold the property and all the contents to her brother for a very low price. He and his wife are also the executors over her will. She'll live there until her death. She recently bought a boat and other gifts for him which is so out of character for her to do. She has also changed her will several times over the last few months and my step sister and I feel as though she has been coherced by her brother and his wife. My step mother has been extremly medicated and has been on oxygen for the last 6 months.
The first question is; Can my fathers will still be contested even though it has been over two years? Can my step sister and I contest her mothers will under the above conditions? Does a person have to be named in a will before they can contest it. Can the sale of the home be contested? What is the time frame and how do we go about this? Any help appreciated! This is in WV.

advisor

(01-25-2001)

I'm sorry about all the headaches you are going through in this matter.

(1) Your father's will can not be contested, as too much time has passed and the estate is officially closed.

(2) It is somewhat expensive to contest a will (since most attorneys who would take your case would probably ask for a retainer up front of a few thousand dollars), so you have to decide in advance, would it be worth it to contest the will--does she have enough assets in the estate to where you would benefit? It may be better off not to do it.

The factors in your favor are the low price of the house--you would have to compare it to the prices of other homes sold in that same neighborhood and you would have to get copies of any related real estate documents that might be public about that property. Is your mother at home or in a hospital--are there doctors or nurses who could testify that her brother and/or his wife made an extraordinary number of visits to her about the details of her estate? If any changes were made to the will, were there witnesses to her signature or did she just write her initials?

You don't have to be named in a will to contest it.

If you can come up with documentary proof of wrongful influence or any other reasons to object to her brother and his wife as executors, then you will get the chance to present your objections (verbally or in writing) at the probate court hearing for your mother's estate that will be held generally sometime within 30 days after she dies.

You really do need to speak with a local West Virginia attorney about this, since there is no guarantee that someone from there will see this message on this board.

Have you seen a copy of your mother's will and was it prepared by an attorney?

SINCERELY,

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