taken out of will

[kcarlee]

Michigan
I was taken out of my fathers will. I was to inherit land but he gave it to his wife (they are both now dead) at the time he married her. I had a cottage that he wanted to get a lifetime lease on for $20,000 dollars. He moved in but didn't get a lifetime lease wrote up. At that time I had a breakdown and brought up all the beatings, terror, humiliation, hatred felt toward me and my hatred of him. since he wouldn't get the lease I took his things out but didn't give back the money. Then he married his girlfriend and took me out of will. the will is in probate now. I had signed a waiver to not contest but still suffer from post traumatic stress because of him. Now she just died. (his wife) and I would like to contest the will??

 

[anteater]

Two questions:

1) Whose will is it that you want to contest?

2) On what grounds are you thinking of contesting?

You can find a short article on will contests on this site:
Basis for a will contest

Mutual hatred is not grounds.

 

[kcarlee]

kcarlee

want to contest fathers will due to influence from his wife. She influenced him to turn the property over to her. He lived with her for years and then when I took his stuff out of the cottage he married her almost right away. Also, what happens now that she just died and the will is still being probated from my dad.

 

[anteater]

want to contest fathers will due to influence from his wife. She influenced him to turn the property over to her. He lived with her for years and then when I took his stuff out of the cottage he married her almost right away....

You have a knack for being unclear. Did he "turn the property over to her" before his death? Or do you mean that his will leaves the property to her?

In any event
1) Influence is not grounds. Every spouse influences the other spouse every day. Undue influence can be grounds to contest, but you need proof, which can be tough to come by.

2) Let's say that you are successful in knocking out the will and your father's estate is distributed according to Michcigan's intestate succession statutes. The surviving spouse receives the first $100,000 of the estate plus 1/2 of the remainder (assuming that your father and the surviving spouse did not have any children.

3) Contact several Michigan probate attorneys and ask for an initial consultation. Take as much documentation as you have and make your case. If you find them declining to represent you, it's a good indication that you don't have a case.

...Also, what happens now that she just died and the will is still being probated from my dad.

Unless your father's will contains some very unusual provisions, her estate stands to receive whatever your father's will left to her.

 

[kcarlee]

sorry im so unclear. I guess I need to know what is meant by influence and maybe an example of. My 4 siblings were very angry at me and could have influenced him I guess. Thank you so much for your answers. Looks like if I contest, she would actually end up with more. I'll talk to a lawyer. Thanks

 

[anteater]

You can do a search on something like "will contest undue influence" to get an idea.

But, what is considered undue influence as grounds for a will contest will vary by state and is generally contained in cae law. That is why you need to consult with a Michigan attorney.

One other thing. Most states have a limited time to file will contests. I don't know if Michigan has such a limit or what it might be if there is one. If you are going to do this, don't delay.

 

[nextwife]

SHE just died? You are contesting HER will?

Or trying to RETROACTIVELY contest HIS will long after his assets had been distributed?

 

[anteater]

SHE just died? You are contesting HER will?

Or trying to RETROACTIVELY contest HIS will long after his assets had been distributed?

The father's... I think... Maybe...

A nominee for "Most Confusing Post of the Year."


By the way, kcarlee, admitting to theft does not do wonders for your claim.

....since he wouldn't get the lease I took his things out but didn't give back the money.

 

[Zigner]

kcarlee -

You really need to remember that this is not now (and ever WAS your money.)
With that in mind, make your own way in life and move on.

 

[kcarlee]

I read the replies on these and other posts and realize that you just want to be hostile. I guess its better than kicking the dog or slapping your kids around.