Throwing a will out?

[dmdavis_2]

What is the name of your state? Texas

Hello all,
I had a question? How hard is it to get a Last Will and Testiment thrown out by a judge? I have witnesses, including, one of the will witnesses, and her maid, and her best friend, a few others to. Is this good enough evedince to throw a will out? Consiedering what that have told me. Which is different that what the said will came out like.

Thanks

Mark
anything heps!

 

[dmdavis_2]

I thought I would add something. I am not looking for a Definate Answer. Just yalls thoughts.

-Mark

 

[pojo2]

Just yalls thoughts.

-Mark

Why waste your time here when no one can see the document and question those so called witnesses and determine if this is all a ploy by a beneficiary to gain more from the will than he or she is entitled and built up a whole case to support said claim? See an Atty in your area.

Now if you want to explain a little more, like your stake in this over whoever else is involved then maybe a more logical reply would be forth coming!

 

[seniorjudge]

What is the name of your state? Texas

Hello all,
I had a question? How hard is it to get a Last Will and Testiment thrown out by a judge? I have witnesses, including, one of the will witnesses, and her maid, and her best friend, a few others to. Is this good enough evedince to throw a will out? Consiedering what that have told me. Which is different that what the said will came out like.

Thanks

Mark
anything heps!

https://forum.freeadvice.com/showthread.php?p=1423534&posted=1#post1423534

 

[Dandy Don]

Do you have knowledge of where the previously written wills are or the attorney who may have helped draw up the previous wills? It looks like someone hid or destroyed the previous wills or used undue influence to get the new will drafted.

If the new will has been filed at the probate court, get a copy of it and hire a probate attorney who has experience in contesting wills to examine this will to see if the signature looks genuine, if it has the correct number of witnesses, and other vulnerabilities that may help you win if you decide to contest it. What is the value of this estate?

DANDY DON IN OKLAHOMA ([email protected])

 

[nextwife]

Do you have knowledge of where the previously written wills are or the attorney who may have helped draw up the previous wills? It looks like someone hid or destroyed the previous wills or used undue influence to get the new will drafted.

If the new will has been filed at the probate court, get a copy of it and hire a probate attorney who has experience in contesting wills to examine this will to see if the signature looks genuine, if it has the correct number of witnesses, and other vulnerabilities that may help you win if you decide to contest it. What is the value of this estate?

DANDY DON IN OKLAHOMA ([email protected])

Why does it look that way? I see nothing in this thread other than that the will filed is not the same will that certain witnesses are familiar with.

A newer will doesn't necessarilly mean anything OTHER than that the decedant rethought their estate distribution plans. Poster - are you stating the filed will is a fake - or that the will filed is different (perhaps subsequent) than that which some witnesses may have at some time witnessed?

The decedant has the right to change their will as many times as they wish and to use different witnesses when they do. The act of changoing a will may mean nothing other than that circumstances had changed in the mind of the decedant.

 

[Dandy Don]

Are the witnesses to the newest will exactly the same ones who witnessed the original will or not?

 

[dmdavis_2]

My grandmother drafted two wills in her life time. The first was drafted in 78' and the most recent one, the one probated was drafted in 2001. I do not know if this matters or not, but one of my uncles hand writing is on it, in the parts where you fill in the blanks, for dates, printed names, ect. Would that matter if his hand writing is there? Once again, my dad and I had no access to her will until after it was probated and filed in the court house. The first and second wills had different witnesses. The second wills witness says it is different than what she had witnessed. I am saying that the will is a fake. The witnesses signtures are real on the back two pages, but the first two pages are fake. If this matters, my grandmothers first will had my dad receiving 1/3 of her stock in the compay she owned half of. The second will only had my uncles recieving, NOT my dad.

thanks,

-Mark

 

[Dandy Don]

If this will is currently in the process of being probated, you need to be consulting with a probate attorney right away to evaluate whether this will has enough vulnerabilities/mistakes in it for you to be able to contest it, and it sounds like you do have a case. Uncle's handwriting on someone else's will is most inappropriate and fill-in-the-blanks are even worse. It makes you wonder whether the will was even prepared by an attorney or not.

DANDY DON IN OKLAHOMA ([email protected])

 

[dmdavis_2]

To clear things up, the will was probated in 2003. I understand that there are statue of limitations. I think I can get them tolled though. I have Asperger's Syndrome, a high functioning form of Autism. I also, have a court appointed Conservator. I agree that my uncles handwriting on the will, looked kind of funny. Thanks, if you have anymore advice please let me know.


-Mark

 

[dmdavis_2]

I had one last question for ya'll. What is the Legal Definition for "Unsound Mind"?

I also wanted to thank all of you for the help on my Will contest matter, I have made an appt with a Lawyer on that matter too.

Thanks again,


Mark

 

[lwpat]

What is the Legal Definition for "Unsound Mind"?

I'm not sure but there are a couple of posters who probably qualify. Maybe one of them will be able to help.