Contesting a will, lawsuits against estate

[trying to help]

I hope you can help me help a friend.

Recently her father committed suicide after being arrested for molesting children (which there are MANY). He rewrote his will, essentially writing her out of it, and had it witnessed the day he killed himself. He left her a small, worthless item and left her brother the rest of the estate, naming him executor.

She would like to contest this will, but is wondering if she has grounds to do so.

She would also like to know if it's likely that the victims (which she is one also) are able to sue the estate for compensation for what he has done to them? Can she, as a victim sue the estate?

Her brother also gave her what he thought was a copy of the will, she finds now that she has the original and he has a copy. Is his copy admissible in probate court? How can she find out if the will was entered at the court and if there is a certified copy there?

As you can tell this is a pretty bad situation. Any help you can give is greatly appreciated! This occured in Maine.

 

[ALawyer]

This is a horrible situation and I feel her anguish.

Yes, the victims can sue the estate and clean it out. But there is typically a short statute of limitations after a death.

People who commit suicide often are not in their right minds and thus the Will might be contested on the basis of lack of mental capacity; but here who knows? Read the probate section on FreeAdvice.

My sense is that the family needs to sit down together and see what can be done amicably to get this mess behind them. Sharing the assets, if any remain, is a small part of the larger problem of coping -- I'd urge a skilled therapist and a lawyer, not so much to fight as to explore options..

 

[trying to help]

Thank you so very much! I appreciate your advice and will pass it along.