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Fighting a Will

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valmont31

Junior Member
What is the name of your state (only U.S. law)? Colorado
My wife's father commited suicide and left a note detailing how he wants his entire estate to go to a charity organization. This is a great gesture; however his estate is actually what was left behind by his mother ( who raized my wife as he was unfit to do so) His mother died without a will and everything went to him and his sister. He was estranged from his daughter because his addiction to pain medications made his behavior erratic. His estate is not grand, however, it was promissed to my wife prior to his becoming dependant on pain medication. My question is would it be too costly to fight the will and is it a lost cause. the public administrator claims it is a valid "holographic" will. And if it is valid, how can we obtain her grandmothers things without legal troubles or arrest. these hold deep sentimental value and will NOT go to anyone but her regardless of the consequences, but i would like to know what they will be.
 


anteater

Senior Member
My question is would it be too costly to fight the will and is it a lost cause.
The first part of that question is subjective. What does "too costly" mean to you? Yes, will contests tend to be expensive.

The second part of the question would require a crystal ball. Your wife would have to prove that her father did not meet the rather minimal mental competency requirements to make a valid will.

...how can we obtain her grandmothers things without legal troubles or arrest. these hold deep sentimental value and will NOT go to anyone but her regardless of the consequences, but i would like to know what they will be.
One or more of the following:
a) Being sued to return the items to the estate.
b) Criminal charges.
c) Some time in the slammer.
 
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Dandy Don

Senior Member
Has the will been submitted for probate?

Check with his physician to see if the medications he was taking would have side effects of affecting his mental judgment/capacity.

How were these items "promised" to your wife? Through verbal comments only?
 

valmont31

Junior Member
fighting a will

It has gone to probate. it was just a verbal promise from her grandmother and father.
who would guess your father would lose it at a young age. Never to young to have a will I guess.
 

Dandy Don

Senior Member
Is the note the will? You will need to take it to a probate attorney for evaluation to determine whether you have grounds for contesting it or not.
 

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