Will Contest?

[paulsturg]

What is the name of your state? Ohio

My aunt died recently. Her husband's death preceded hers, and they had no children. My father and my other aunt had been informed years ago that they were named as the heirs to the estate (50/50). Turns out the will was changed to name my cousin and her husband as the sole heirs, without the knowledge of my father or surviving aunt. My cousin and her husband were providing daily care for my aunt, who was blind and housebound for her final years.

My father is not a greedy person, and his first instinct is to get over it and move on. But there are a number of reasons to think that something stinks here, such as the fact that my deceased aunt never mentioned the will change although my father saw her frequently and they had a good relationship. Our suspicion is my cousin and husband threatened my aunt with being sent to a nursing home (her greatest fear) unless she named them.

Bottom line is, should my father and aunt get over it or pursue a contest, and if the latter, what should they expect in terms of time, cost, outcome? Lastly, how best to go about finding a good attorney to consult in the Cincinnati area? Thank you; this is a great internet forum and you are helping many people.

 

[JETX]

"should my father and aunt get over it or pursue a contest"
*** Simply, there is no way that anyone can answer that without an extensive review of ALL the facts. If they feel that there are sufficient challenges to the validity of the will, they should talk with a local probate attorney.

 

[Dandy Don]

Aunt would not have necessarily needed to or wanted to have informed your father of his status or lack of status as a beneficiary, as she has the right to decide who her beneficiaries are at any time.

However, you do have reason for suspicion, since if they were close then father could normally expect to be named as a beneficiary. It does look as if they exerted undue influence.

If the will has been filed, get a copy of it from the courthouse and take it to a probate attorney or firm (when making your appointment ask if they have experience with contested wills and to mention an exact case or 2 when they have successfully done this) to have the will examined (signature will have to be examined/compared to see if it looks genuine or forged, does document show the correct number of witnesses, etc.).

Do you happen to know if the will was prepared with the assistance of an attorney or not?

 

[lwpat]

'It does look as if they exerted undue influence."

I fail to see any reason for this assertion. Since the cousin took care of her, possibly for a number of years, this could simply be repayment of services rendered.

Don't be so hasty to jump to conclusions that could cause additional hard feelings within the family. The poster has provide very limited information and I agree with JETX on this one.

 

[paulsturg]

I appreciate all the feedback. Have advised my father to obtain copy of original and revised wills from the courthouse and will set up meeting with attorney experienced in will contests. I understand that there may be only smoke here, no fire. I have tried to spare you the details that may or may not sway your thinking, but there are circumstantial and anecdotal things that do raise some questions. I'll just give you one example. At the funeral, my deceased aunt's best friend said to my father, "You know, (my aunt) never did like the way that will ended up." My father had no idea what she was referring to, as he had been told that he was a fifty-percent beneficiary.

Does anyone know if attorneys typically take this type of case on contingency? An attorney I work with said he vaguely recalls that may be prohibited in probate actions.

Again, thanks to those who take the time to read these postings and weigh in.

 

[JETX]

"Does anyone know if attorneys typically take this type of case on contingency?"
*** Since there is little or no chance for a damage award on this type case, I would be VERY surprised if you could find a contingent fee..... even if one was allowed.

 

[Dandy Don]

Of COURSE there is evidence of undue influence--aunt would have had no reason to lie about naming the father as beneficiary of a will.

Lawyers do not normally work on contingency so you will have to shop around to get the best estimate on a rate. A lot depends on the value of the estate.

Also, talk to the aunt's best friend to see if there is more she can tell you about the aunt's feelings or to clarify exactly what the aunt's best friend meant.

 

[JemSkate]

Just a personal note, (knowing you want legal advice). My mom is going through a simuliar situation with her sister....My mom was the sole care giver of her aunt for the last three years. My great Aunt named my mother as the only one on the will. My aunt freaked out and stated that she wanted, "her fair share." So, now we are in court. Think long and hard about what this could do to your family, its tearing ours apart. Is it really worth the money to loose family??????
It may not be the same situation but it is familiar. Sorry this is off topic just had to put my point in.

 

[JETX]

"Of COURSE there is evidence of undue influence--aunt would have had no reason to lie about naming the father as beneficiary of a will."
*** Of course, more of 'DandyDon's rambling without course.....
The only FACTS we have here are:
"My father and my other aunt had been informed years ago that they were named as the heirs to the estate (50/50)."
and
"Turns out the will was changed to name my cousin and her husband as the sole heirs, without the knowledge of my father or surviving aunt. My cousin and her husband were providing daily care for my aunt, who was blind and housebound for her final years."

Of course, no one in their right mind would make the giant leap of logic to ASSUME that "Of COURSE there is evidence of undue influence" with ONLY the above facts.

It is just as likely that the elderly aunt was acknowledging the caretakers who provided for her..... and maybe 'snubbing' those that refused to visit or assist.

"aunt would have had no reason to lie about naming the father as beneficiary of a will."
*** And a LOT of things could have happened in the YEARS since a promised naming as heirs. And how the hell would ANYONE (much less 'Dandy Don') know whether this dear little old aunt would lie, be confused or that the 'promised benefactors' may have THEIR story wrong??

 

[paulsturg]

DandyDon, thanks for the specific information and advice. I have passed it on to my father, who also thanks you.

JemSkate, I fully agree with you, and appreciate the input. My ONLY dog in this fight is to best advise my father on how to proceed. Recall my initial post stated that his first instinct was to let it go. Consider my living aunt, who strongly suspects her own daughter for exerting undue influence to have the will changed to cut HER out of the will. I have not mentioned a great number of facts relative to the family situation, including that my cousin and her husband are ne'er-do-wells who were living at my surviving aunt's house during this time, rent-free (I think), while my departed aunt was paying them a couple thousand dollars per month for their efforts. That part of the family unity may be past saving.

JETX, if your advice for me is not to jump to conclusions without all the evidence, I got it.

 

[bohemianbelle]

paulsturg,

If your father wanted to inherit from his aunt, why didn't he take care of her on a daily basis? Why didn't he give up his career, his home, etc. and move in with her to take care of her?

Even if her caregivers were paid, they gave her their most valuable asset, their time, which is irreplaceable. They spent time each day, day after day, when others were not there.

Influenced or not, she was still a living person with a mind to change.

Unless you've been a caregiver on a daily basis for years and years, you can't pass judgment. At least, your aunt knew that someone was there each day when she woke up in her own home.

 

[Only Daughter]

Do wills have to be registered at the courthouse? Is there any way of obtaining a copy without asking the family member for a copy?

Lori

 

[lwpat]

Please do not add your question to someone else's post.

 

[Only Daughter]

Sorry,

This forum is different from others I've been on. Please disregard.

 

[oberauerdorf]

Check your other thread for the answer. And yes, I'm still an A**HOLE