Contesting a Will

[irish1010]

What is the name of your state? New York

My dad passed away a few months ago, my 1 brother took him to a lawyer 12 days before he died to do a will, (my dad tore up his original will 25 years ago because he was mad at this same brother) now this new will gives my brother the house/contents everything and my other 2 siblings and myself get nothing! our names were not even listed on the will and we were referred to as his other children and that was not my dad, he would never say that even on paper we all have names and he would use them.

My dad was gravely ill during that period of time the will was done, how do you think this will would hold up in court being as I am contesting it. It is now being probated as all wills have to be probated in New York maybe everywhere for that matter, is it a waste of time? my dad was not of sound mind even a month prior to his death. also the attorney did not wittness the will himself his paralegal did, the attorney only notorized her signature, i thought that was weird.


I feel my brother and his Divorce Lawyer did something very shady which will be hard to prove I'm sure, My mom died 4 months before my Dad, her will was exactly like my dads to the letter, giving the house to the 4 kids, now that my dad is gone her will in null and void, isn't it funny this same brother took my moms will and stated he burnt it when my other sibling asked to see it, he said there was no point in it hanging around, of course i will let the courts know about that as well. anyway any feedback would be great! just want to know if fighting this is a waste of time. My relationship with this brother is Over so i am in no fear of loosing that! for the sake of the fight.
Thanks
Irish1010What is the name of your state?

 

[anteater]

If you are contesting, then I assume that you have hired your own attorney. (Better yet, get the other siblings involved and split the cost.) Ask the attorney to be realistic about the chances. It's a matter of what evidence you can bring before the court.

My mom died 4 months before my Dad, her will was exactly like my dads to the letter, giving the house to the 4 kids, now that my dad is gone her will in null and void...

Why do you say that her will is "null and void"?

 

[irish1010]

well my moms will left everything to my dad 1st us 4 children 2nd both wills were the same, my dad died 4 months after her and so the last will that stands would be the one my brother made him make when he took him 12 days before he died, why do you think my brother burnt my moms original will, so no one could see the way it was supposed to be.i never thought this would Ever happen in my family but when the greed kicks in, it happens. the other issue is my other brother was solely reliant on my parents to care for him and lived in their house his whole life, both brothers live in the house and don't get along, so my ungreedy brother does not want to make waves because he is scared and lives in the house, my sister is the executor of the will and his very close to the brother who did this so as you can see i am pretty much on my own except the 2 siblings are sitting back in the hopes i win this battle, and ive done all the work and have all the expense, i know i need a lawyer but i cannot afford one.

 

[Dandy Don]

If there are medical records showing he was suffering from a disease or was taking medication that affected his judgement, then you have grounds for contesting. Take the will to a probate attorney and have him evaluate the strength of your case.

 

[irish1010]

My dad died from Advanced Lung Cancer thats what they wrote on his death certificate and my sister is the executrix so she brought the will to a different attorney for probate not the same attorney that created the will for in this case my brother! today i submitted my papers for the Writen verified Objections, in which i had to serve the probate attorney my self, it was a pain in butt to do but it had to be done, i wanted a jury trial so now we wait, i know i have to get an attorney but i really cant afford one i am thinking of just going it alone and take my chances that i can understand everything thats going on around me. as far as my dad on medication he was on all kinds of things but refused any pain medication he was only sick for around 5 weeks when he died, it was quick after is 1st and only chemo, again do i have grounds i don't know,

 

[Dandy Don]

What is the value of this estate? You are foolish NOT to get an attorney to help you. At least consult with 5 or 6 of them until you find one willing to help you--after you tell them how much the estate is worth they may be willing to forgo a fee until you win a judgment.

 

[irish1010]

my parents just have a house, no bank accounts/cds or anything of the like, and there is a small mortgage on the house years after it was paid off , they had some debt they wanted to pay off. This has Nothing to do with money, my share my siblings share, this has to do with my brother taking advantage of my sick and dying father and putting a damper on my grieving process with all his nonsense, there was a couple thousand dollar's in his checking account that my brother took to pay bills as they came in and thats it. and there is the fact that he burnt my moms will, whats up with that! this is payback time.