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Sibling excluded from will

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erin nabors

Junior Member
What is the name of your state? FL

I am writing on behalf of my mother. Recently my grandmother passed away of cancer. My mother has taken care of her for 4 years now. My grandfather passed away 5 years ago and had left a will that was written in 1994. The will states that my mother's brother and his wife are their sole heirs. It specifically excludes my mother. What I want to know is, would my mother have a case to contest it? Over the course of taking care of the bother of them , she lost her home. Approximately 3 months after my grandfather passed away, my grandmother was diagnosed with bone cancer. My mother has been the one taking care of all of the doctor appointments, the trips to the stores, the getting up in the middle of the night to clean up bloody noses and just was there to keep her company and clean house for her. A few months after my grandfather passed away from lung cancer, a class action lawsuit settlement was received from the asbestosis suit. My uncle came from New Jersey at that time to my mother and had her sign off on it knowing full well that the will stated him as the heir, he said it was for my grandmother, which by the way he had power of attorney over all of her legal and financial proceedings. Also, the only thing mentioned in the will is their house, the settlement is not mentioned and neither is the money that my grandmother had from grandfathers pention. My Uncle & Aunt reside in New Jersey and only show up with things are going down hill. They were not here for the day to day care or issues that would come up. They only come down to "tie things up" in a neat little bow. I guess this makes them feel like they are doing something. This is very upsetting to my mother and myself, and I just want to know on her behalf if anything can be done about this.What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
Does the will have language saying "To my daughter xxx, I leave nothing" (or something similar), or does it just say that the house is going to my son and it's totally silent on the rest?
 

erin nabors

Junior Member
sibling excluded from will

Yes, it does state to our daughter xxxxx nothing is left....I'm not sure if that is the exact wording, but that is the gist of it.
 

erin nabors

Junior Member
sibling excluded from will

Thank you for your answer, I was afraid of that....There is no way she can fight it at all??
Life jsut really hands you lemons sometimes!!
 

garrula lingua

Senior Member
OP, it sounds as though the only will was grandfather's.

If so, then a portio of grandpa's assets went to his wife (grandma) and son.
Depending on how the house was titled, it may all have gone to Mom or split.
Grandpa's will is then history - it should have no affect on grandma's estate unless they had a joint will (an antiquated device) ...

If grandma died without a will, several years later, her assets should be distributed equally among her children.
 

Dandy Don

Senior Member
What you have neglected to mention is: did grandmother leave a will or were you implying that her will was a reciprocal will that was exactly the same as her husband's?

What is the value of grandmother's estate and has anybody started probate on that?
 

Zigner

Senior Member, Non-Attorney
I agree with you garraula & Don...
I jumped ahead a bit in my answer and should have waited for clarification of those points.
 

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