Contesting a will

[Delores 22]

I question the ethics and ability of your "doc".

Perhaps you should, too.

Unless, of course, your representation isn't quite accurate.

There are major mental health disorders like bipolar or schizophrenia, then there are others. The "others" are difficult to diagnose.

 

[Delores 22]

Furthermore - being "mentally ill" (is that an actual diagnosis?) doesn't necessarily render a person incompetent to create their own will.

Yes, and from what I've read online, even someone who's psychotic may have periods where they're mentally competent, hypothetically. That's probably a tough nut to crack in court.

 

[Delores 22]

Are you and your brother both mentioned in the will as beneficiaries? Are there other beneficiaries named in it?
You need to at least have an initial consultation with a probate attorney (the first hour or two of consultation is generally free or very inexpensive) to get professional advice about what your course of action should be.

Do you happen to know what a "very inexpensive" consultation would cost? I have no idea.

 

[Dandy Don]

He is having his attorneys review the will you sent him to determine if it could be valid or not, which is what YOU should have done (sent it to your own attorney) before sending it to him, or maybe you should have withheld it a little bit longer, but it's too late for that now.

YOU will not be able to get access to anyone else's tax returns to look at the value of the stock or anything else.

 

[Ohiogal]

Why do you want money from someone who you didn't respect and didn't like because quite frankly you are entitled to nothing.

 

[Delores 22]

He is having his attorneys review the will you sent him to determine if it could be valid or not, which is what YOU should have done (sent it to your own attorney) before sending it to him, or maybe you should have withheld it a little bit longer, but it's too late for that now.

YOU will not be able to get access to anyone else's tax returns to look at the value of the stock or anything else.

His estate lawyer got the will and sent a copy to me. I could give my brother a choice between a lawsuit or showing me his taxes (I am quite curious) and a suit to see what he says,

In thinking back, my mother had a very difficult childhood, which was the reason I stuck by her for so long despite everything. Like another member of the forum said when
her brother got everything -- she didn't fight the will (though she knew ahead of time it would happen), she took the high road and let it go (I admire her!). I'll probably
do the same, but I am curious about some issues so still need answers.

 

[Delores 22]

Why do you want money from someone who you didn't respect and didn't like because quite frankly you are entitled to nothing.

There are some good articles on the Net that answer that question.

Good questions in this forum that make me think. Actually, entitled is a poor choice of words. Common decency is more fitting.
Favoritism jeopardizes sibling relationships. One of my mother's last wishes is that my brother and I get along...

 

[commentator]

. Common decency is more fitting.
Favoritism jeopardizes sibling relationships. One of my mother's last wishes is that my brother and I get along...

Balogney! Your mother didn't mean that any more than she meant all the mean abusive things she'd said to you through the years. It doesn't give you the right of way to contest the will because a reportedly crazy person said she'd like you and your brother to get along. One thing you have to accept is that your mother said a great many things she probably meant at the time, but then changed her mind about, or didn't say with a great deal of forethought, none of which should have to be life changing for you.

And "common decency" doesn't apply, because really there are no laws of inheritance that deal with "fairness" or "common decency." It's sort of in the eye of the beholder. Your brother thinks that following your mother's wishes to give him the whole pizza is common decency and fairness.

 

[Delores 22]

Balogney! Your mother didn't mean that any more than she meant all the mean abusive things she'd said to you through the years. It doesn't give you the right of way to contest the will because a reportedly crazy person said she'd like you and your brother to get along. One thing you have to accept is that your mother said a great many things she probably meant at the time, but then changed her mind about, or didn't say with a great deal of forethought, none of which should have to be life changing for you.

And "common decency" doesn't apply, because really there are no laws of inheritance that deal with "fairness" or "common decency." It's sort of in the eye of the beholder. Your brother thinks that following your mother's wishes to give him the whole pizza is common decency and fairness.

I don't know where you got the idea that "getting along" has anything to do with the will. It IS bizarre for a woman to tell one child he gets a whole pizza for lunch and tell the other child she gets nothing for lunch AND she still expects the two children to get along.

BTW, I did contact a lawyer and faxed a copy of the will (he didn't require a face to face consultation). So far I haven't heard word back. If he doesn't contact me, I'll have to assume the case was too weak.