all left to 2nd wife, only child not noted in will

[amh ph]

I am a only child and not mentioned in my father's will. He has left all to his second wife. Don't you have to be left $1 not to be able to probate??? Deceased lived in PA, will redone after deceased was told he had 5 weeks to live, in PA. Have copy of old will done in NY. Was originally left large %, now 0. Assets over NJ commercial, PA and FL.
Please respond on how to proceed, and if I have a leg to stand on???? Many thanks to all who answer.

 

[advisor10]

MAY 30, 2001

DEAR AMH:

(1) Do you have a copy of the newest will so that you can see what it says? If not, have you checked with the county courthouse to see if it has been filed yet?

(2) What month and year did your father die? How old was he? What was the cause of death--did he suffer from a type of illness where he required home health care or was his illness serious enough to require hospitalization?

(3) How long was he married to this second wife and was their relationship/marriage generally pretty good or are there indications that she is somewhat of an evil or manipulative person?

(4) What year was the old will done and was it signed by your father?

(5) How old are you?

The facts as you have described them would seem to indicate that undue influence may have been exerted over your father.
It is very odd that he would not have mentioned his only child, and it is a requirement of New York probate law that children must be mentioned in the will.

A good attorney can review all the facts of your case (especially zeroing in on the fact that the will was redone after your father was told of his imminent death) to tell you your best options. Post this same search message on http://www.legalmatch.com to see if any attorneys will respond to your situation by e-mail (your case details remain confidential and can only be seen by the attorneys--if any are interested in representing you they will contact you.)

Your best bet would be to visit a few local probate attorneys (asking them if they have had any experience in contesting a will) to get their opinion. I think you have a very strong chance of winning (about 85%), but a lot will depend on the wording of the newest will (there are probably some weaknesses in it), and how much evidence can be gathered of other manipulative actions on the 2nd wife's part (who is the executor, has the 2nd wife greedily tried to claim other assets belonging to your father, who are the witnesses on the will, etc.). The timing of the new will is very suspicious and I'll bet a probate judge or jury would be willing to sympathize with you and rule in your favor by giving you a portion, if not all, of the estate.

Can you afford to pay an attorney a retainer or his upfront fee in advance to represent you?

SINCERELY,

[email protected]

 

[advisor10]

MAY 30, 2001

DEAR AMH:

(1) Do you have a copy of the newest will so that you can see what it says? If not, have you checked with the county courthouse to see if it has been filed yet? It would be in your best interests to get a copy of the new will (so that an attorney could evaluate it). Was this new will done by an attorney or something she merely drew up on her own?

(2) What month and year did your father die? How old was he? What was the cause of death--did he suffer from a type of illness where he required home health care or was his illness serious enough to require hospitalization?

(3) How long was he married to this second wife and was their relationship/marriage generally pretty good or are there indications that she is somewhat of an evil or manipulative person?

(4) What year was the old will done and was it signed by your father?

(5) How old are you?

The facts as you have described them would seem to indicate that undue influence may have been exerted over your father.
It is very odd that he would not have mentioned his only child, and it is a requirement of New York probate law that children must be mentioned in the will.

A good attorney can review all the facts of your case (especially zeroing in on the fact that the will was redone after your father was told of his imminent death) to tell you your best options. Post this same search message on http://www.legalmatch.com to see if any attorneys will respond to your situation by e-mail (your case details remain confidential and can only be seen by the attorneys--if any are interested in representing you they will contact you.)

You also need to examine the language of the new will to find out if there is a penalty if anyone contests the will.

Your best bet would be to visit a few local probate attorneys (asking them if they have had any experience in contesting a will) to get their opinion. I think you have a very strong chance of winning (about 85%), but a lot will depend on the wording of the newest will (there are probably some weaknesses in it), and how much evidence can be gathered of other manipulative actions on the 2nd wife's part (who is the executor, has the 2nd wife greedily tried to claim other assets belonging to your father, who are the witnesses on the will, etc.). The timing of the new will is very suspicious and I'll bet a probate judge or jury would be willing to sympathize with you and rule in your favor by giving you a portion, if not all, of the estate.

Can you afford to pay an attorney a retainer or his upfront fee in advance to represent you?

SINCERELY,

[email protected]