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Only son, left out of will in Maryland

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L

leftout

Guest
My father has recently passed on and I am his only son. We had a good relationship and he has been battling cancer for the last 20 years. We live in two different states, however during his first bout with prostate cancer I traveled to care for him and take him back and forth to the hospital. We cared for each other although our relationship wasn't close. My cousins also cared for him since they lived closer to him. Although I havent seen the will, my cousin has informed me that he willed everything to them. What are my rights? How can I see the will? and do I have grounds to contest the will if I dont like what I see?
 


ALawyer

Senior Member
If at the time he made the Will he was of sound mind, not subject to undue influence, fraud, duress or mistake (these things are HARD to prove) and properly executed the Will with appropriate witnesses, and specifically mentioned you in it (so that it is clear he considered you) it is 99 to 1 the Will would be admitted to probate.

Read the probate section of FreeAdvice.com for more info, including where to look for the Will.
 
A

advisor10

Guest
12-16-2000

All you can do for now is just wait and see. Depending on how simple or how complicated the estate is, it could take the executor anywhere from 1 month to a year to pay all debts and process paperwork. However, for the executor and any beneficiaries to get paid, it is to their benefit to have the will probated (processed) at the local county courthouse as soon as possible. Check with the county courthouse probate records section to see if anything has been filed yet (you will need to know the dead person's name and month and year they died).

You may also want to consider sending (or having a business law or other attorney) send the cousin an official certified letter asking for a copy of the will or asking for the name of the attorney who drew it up.

[email protected]
 

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