contesting a will

[ga_peachy]

What is the name of your state? GA


My stepfather passed away last month. He had 2 children in FL from a previous marriage that he very rarely saw, 4 children from my mom, and me as his stepchild. Upon his death, they inquired about his last will and testament. The only thing he had in his will was his land (11 acres) that he left to be split between my brothers and sisters (from my mom) and me. When they found out I was included, they didnt take to it because they said I wasnt "part of the family", and they asked why they were not included. We explained to them that I was included because he signed my birth certificate, raised me, and I carried his last name, we believe I am a legal heir. He has never once called me a stepchild, i was his daughter. we explained that we did not know why they were not included. This made them really mad, so know they are contesting the will. Funny thing is, 1 was at the courthouse when the will was probated, and didnt say anything until the next day, then decided to contest it. The land was in my father's name, but, 1 one my sisters made all the payments. After his death she payed the remainder off and the deed is now in her name, and recorded. Our lawyer says he is not very experienced with will cases, so my question is, what do we need to do, or what can they do?

 

[lwpat]

"The land was in my father's name, but, 1 one my sisters made all the payments. After his death she payed the remainder off and the deed is now in her name, and recorded"

How was the property transfered out of your father's name and into your sisters?

If the property was in her name at the time of his death then it is not a part of your father's estate.

 

[ga_peachy]

Just asked more about it. From what i understand, the land was in her and my fathers name. When she went to pay it off and get the deeds, no one could find anything with my fathers name on it, just hers, and they put the deeds in her name. The only thing they found with my fathers name on it was the paper him and my sister signed the day they began purchasing the land.

 

[lwpat]

"The only thing they found with my fathers name on it was the paper him and my sister signed the day they began purchasing the land."

You would need an attorney to review the documents and see if your father's name should have been on the deed and if anything can be done legally. If not then there is nothing to contest since the property did not belong to him. Sounds like you need to find a new attorney anyway.

His sister can always transfer the property in accordance with the will. If she made all the payments I fail to see why she would agree to dividing the property but you can always ask.