will contest

[ginren]

What is the name of your state? texas
I was wondering if anyone knew the rules of contesting a will, my grandfather passed away and according to his will which was way out of date it said the estate and belongings were to be split between the heirs, well my father was the first son but he passed away in 1985. So my uncle has gone to the probate, he did not allow me or my brother to be present and has full well left us in the dark as to what is going on. I was curious as to know does he have to right to do that? is this contestable?

 

[BelizeBreeze]

Do you really expect an answer to such a broad question when no facts are presented?

For example, who are you and your brother?
Have you obtained the case file from the probate court?

get the point?

 

[Dandy Don]

When did the death occur?

There is nothing wrong with the will having an older date on it, unless someone has knowledge and an actual will that was written later, which would take priority if that is the case. Right now you don't need to be concerned about contesting it until you have it evaluated by your own attorney--first find out what the will says exactly.

Stop pestering uncle for details because it is too soon. Normally the will is filed at the county courthouse within 30 days of the death--if it is there you can get a copy of it to see what it says. Give uncle time to work/manage the estate and if you will be receiving something he will eventually notify you, or take the will to your own attorney and find out what rights you may have as a potential beneficiary.

DANDY DON IN OKLAHOMA ([email protected])