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I wish to contest my mothers will

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loonyless

Guest
I am Melvin Tyner. I live in California. This posting regards my desire to obtain assistance in contesting my mother's will. Here is the background information.

On May 27, 2001 my mother died in Tyler Texas. At the time of her death, I thought her will had left me everything (approx $90,000). However, upon talking to the live in boyfriend (they had been married and divorced twice but at the time of her death they were not married and my mother had told me that she would never marry him again because of his temper) over the phone the day after my mother died he informed me that my mother had changed her will in February 2001, three months before she died and left everything to him.

I would like to contest the will at the time it is placed in probate.

Here is an update to what I have found out so far.

I made phone calls and was able to determine that my mothers will has not yet been submitted for probate (as of July 7th 2001).

Most likely Jerry Lyons (The live in boyfriend) has access (I don't) to my mother's will and simply has not yet made the trip to town (he doesn't drive, he is legally blind, but can see fairly well) to place it in probate. But there is a remote possibility that he doesn't have access to the will. I simply don't know if he has access to the will or not. I wish to contest the will when and if it is placed in probate but would certainly consider other options, like sending him a letter asking him to move out unless he produces a will. So at this point I would welcome any suggestions from anyone.

So, my question is - what's the best way of contesting my mother's will?


Melvin Tyner
 


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advisor10

Guest
JULY 9, 2001

DEAR MELVIN/LOONYLESS:

It must be difficult to grieve and the distance factor doesn't make it any better.

You should seriously consider hiring a probate attorney in Tyler, Texas as soon as possible, so he/she can start doing the legwork that you can't do in person. At least maybe the attorney can start checking for your mother's assets (her bank account, title to her home, etc.) or checking up on the background of this live-in person to try to get some idea of what he may be up to. An attorney could petition the court to force the will to be produced (if there is one), or let you or the attorney be named as personal representative of your mother's affairs (if there is no will). Do you even know if she had a will or life insurance policies or where she did her banking? Was she employed at the time of her death?

The longer you wait, the greater chance there is that you would lose the opportunity to claim your fair share of assets.

SINCERELY,

[email protected]
 
L

loonyless

Guest
Hello advisor

Thanks for reply

I found out who is laywer is. I then called and had him send me a copy of the will. Will arrive in a few days. I think it is all in his name and protected from litigation. Obviously bad.

loonyless
 
A

advisor10

Guest
JULY 11, 2001

DEAR LOONYLESS:

Don't wait around for the will--you obviously are going to contest it. You need to concentrate on getting your hands on your mother's assets, if possible, before he gets control of everything.

As a natural child, the law may be that you are supposed to be at least mentioned in her will as beneficiary of something, so the will may also be invalid if he gets everything and doesn't name you. "Protected from litigation" doesn't mean anything--any will can be examined for vulnerabilities. Find out if you are going to be receiving anything from this will before you decide to contest it.

SINCERELY,

[email protected]
 

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