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Stepmother's will in probate almost a year now

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payit4ward2010

Junior Member
What is the name of your state (only U.S. law)? WV

My dad passed away 10 years ago...his 4th wife, passed Oct. 2009...they were married 11 or 12 years...he changed his will soon after they were married{1989}...his life insurance was equally disbursed between me, my sister, & our stepmother + one share split between her 3 adult kids...He named her executor of his will & left everything to her...if she died with him, everything 2 be split equally amoungst the 5 of us... I never saw a copy of dad's will until she passed away. Didn't question anything...naive & unaware of the nitemare about to come...
The day after she died, my stepbrothers were scrambling around...I immediately felt the negative vibes...I knew somethin' wasn't right... the nitemare starts 2 unfold...
I was horrified to learn that they had went thru her purse, divided the $ they found, B4 calling 911...
Her obituary didn't list any of us...not even my dad...they tore up the townhouse in search of money...would not return our calls or answer the door...

She had always told us that her nephew would be executor of her will...{she didn;t trust her sons or daughter... So I was shocked to find her son appointed executor instead...her nephew as "trustee" over the 2 townhouses{allowing her 3 to live in them until they die...her nephew/trustee to sell them & split the $ between HER grandkids}
My sister & I...NO mention in her will...left us NOTHING... Our dad worked so hard...everything he had worked & died for, now handed over to them...
My dad is rolling in his grave...disrespected & defied by this...NOT what he anticipated... Dad would want & xpect me to fight this...right the wrongs.

So here it is almost a year later...her will still in probate...nothing has been turned in xcept for her will...{busy spending the $ I assume}
Can I contest her will since it's still in probate?

Dad had a asbestos claim...was converted into a wrongful death after he passed away... I went to the courthouse & asked to be appointed administrator over dad;s estate...{IF any future disbursements came in from his claim} Fudiciary has denied my request... refers back to his will & stepmother's will they said... doesn't make sense to me...WE ARE HIS DAUGHTERS...future disbursements should go to us! appointing me as administrator...not one of them..

full blown nitemare & then some...HELP!!! please! thank you!
 


anteater

Senior Member
Can I contest her will since it's still in probate?
If your father's property passed to your stepmother and if you were not named to inherit in your stepmother's will, that is that.

On what grounds do you plan to contest?

I suspect that the time limit to contest has long passed. But you can consult with an attorney to see if you have any options.
 

payit4ward2010

Junior Member
Contesting her will or tortious interference of an interheritance

A claim against her estate with the wrongful death suit{my sister & I were entitled to disbursements but never received}

Coercion obviously was present in all this....
Tortious interference of an inheritance covers it best...I will consult with an attorney. thank you
 

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