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can i contest my father's will?

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birdieebt

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

My father died right after thanksgiving. But now I'm having difficulties with my step mother. They were married almost ten years. I was not left out of the obituary, but she would not allow me to be a part of planning his service so subsequently the memorial service covered only the time they were together. Never mentioning his only daughter (he and my mother adopted me when I was two months old), his six siblings, nor the thirty years my parents were married. Now she wont let me see the will. All she has told me is that "of course" my father had a will and left her "everything". I can't get a copy of it, but I think my being left out was "accidental" and I was not disinherited. Do I have any recourse action I can take? Im not trying to get any money, but there are personal items (like family furniture and odds and ends) that I would eventually like to have. My father and stepmother never had any children.
 


anteater

Senior Member
I don't want to discourage you... But...

Cut to the most important question:

How much time and money are you willing to put into this?

In a quick scan of the TN statutes, I did not see any provisions for a party to simply request that the court order the custodian of a will to deposit the will with the court. It may be there, but I did not see it. You may have to petition the court to open probate intestate and then ask the court to order your stepmother to produce any will. You might try calling the probate court in the county in which your father resided to see if the clerks will give you any information and/or assistance.

You have to realize that many couples own their assets in a manner such that ownership passes to the surviving spouse without the need for probate - in other words, any provisions in the will do not apply to those assets. And personal property is always a crapshoot.

Assuming that you do obtain a copy of the will and there is a need for probate and you wish to contest the will, then retain an attorney. A will contest is not inexpensive and the odds of being successful are not good.
 

birdieebt

Junior Member
Thanks for your information. I was afraid there is not much I can do. Unfortunately I know this was not my fathers intention. He expected his wife that he loved very much to honor his wishes for his only child to have things. Thanks again
 

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