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contesting a will and the steps to do it.
- Thread starter kram
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Are you certain that you are using the phrases "contest a will" and "force it into probate" properly?
A will has no effect until it is probated. Therefore, if the will has not been admitted into probate, there isn't anything to contest.
Maybe you want to provide some more detail on the situation.
A will has no effect until it is probated. Therefore, if the will has not been admitted into probate, there isn't anything to contest.
Maybe you want to provide some more detail on the situation.
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Ok, the will hasnt been probated yet if it will ever be...What it boils down to is this. My dad has been in poor health for over 4 years. He has been on dialiysis for 4 years awaiting a kidney translplant. He has since then had a few strokes and a heart attack. His Mental state of mind isnt what it used to be, He can barely talk, he cant walk, he cant do anything by himself. There was an original will that his caretaker/gf found and ripped uop because she didnt like it. She then rolled my dad in a wheelchair into a bank and had a new will made on april17th,08. He died on may9,08 due to complications with heart surgury. In the new will which is very simple and bland, it states that his "gf" gets 100% of his estate and the kids get 20% each if she dies. It doesnt mention at all why the kids were disinherited or why we get nothing. The witnesses of the will state that they personally know him and his state of mind which is nonsense, The are just the people at the bank or some people that i have no clue where they came from. Do we need to hire a probate attorney to force the will into probate so we can contest it? We are an incomly challenged family and would need free legal aid or some at a greatly reduced price. What are my options?
Ok, the will hasnt been probated yet if it will ever be...What it boils down to is this. My dad has been in poor health for over 4 years. He has been on dialiysis for 4 years awaiting a kidney translplant. He has since then had a few strokes and a heart attack. His Mental state of mind isnt what it used to be, He can barely talk, he cant walk, he cant do anything by himself. There was an original will that his caretaker/gf found and ripped uop because she didnt like it. She then rolled my dad in a wheelchair into a bank and had a new will made on april17th,08. He died on may9,08 due to complications with heart surgury. In the new will which is very simple and bland, it states that his "gf" gets 100% of his estate and the kids get 20% each if she dies. It doesnt mention at all why the kids were disinherited or why we get nothing. The witnesses of the will state that they personally know him and his state of mind which is nonsense, The are just the people at the bank or some people that i have no clue where they came from. Do we need to hire a probate attorney to force the will into probate so we can contest it? We are an incomly challenged family and would need free legal aid or some at a greatly reduced price. What are my options?
Oh, also his "gf" is still married to someone else. Also, hi s"gf" closed out his acct at the time of the will signing at the bank which was close to 60k. So basically she got his 200k house, his 15k car, and over 100k cash only knowing him 4 yrs. Taking everythign away from his family.
This is not a do-it-yourself project. You absolutely need to retain an attorney. Get all your facts together and begin calling attorneys for a initial consultations.
Why are you using the past tense - "...got..."?So basically she got his 200k house, his 15k car, and over 100k cash only knowing him 4 yrs.
POA is his best friends (who recently passed too)wife who is in coherts with his "gf". Well from what i know, he paid 146k cash for the house, has a car valued at over 15k thats paid for, had over 100k cash that was withdrew from his bank account before he passed. Im looking for a probate attorney at the moment. He lived in my city for al ong time, then he recently moved to another city on february2nd 08. Do i need asn attorney in my city or the city he lived in? He was only there a few months... Im pretty clueless on the whole law thing.... sorry.Did she have power of attorney?
Are there enough assets in the estate now to make it worth your while to contest?
Wherever you can find one that will take your case and that you feel comfortable with.Do i need asn attorney in my city or the city he lived in?
Explain that you are near the poverty level but if you also explain the nature of the assets involved with the estate the attorney will be more likely to take your case. If a probate attorney won't help you, you also need to consult a family law attorney or social service agency who can refer you to someone who handles elderly financial abuse and/or abuse of power of attorney cases.
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