Fighting a will?

[dmdavis_2]

What is the name of your state? Texas

Hello, I live in Texas. I my Grandmother passed on May 16, 2003. Her Will was probated on Oct, 16 of that year. I have talked with many people who would know what was on will, including one of the Witnesses to that said will. They have all said that I was suspose to recieve from her will. I am 22 now, I have Asperger's Syndrome and my main interest is Legal stuff. I was just wondering what yall think on my chances here. My Dad was also suspose to recieve more than he did. My two uncles hapened to have the copy of her will... They recieved the most. Kinda ironic I guess. Thanks in advance for advice!

-Mark
State of Texas

 

[nextwife]

Is it possible that the assets/accounts listed for you and dad to recieve had been depleated by the time Grandma died? How are you alledging that you are being deprived of your inheritance?

 

[Dandy Don]

If you are alleging that the uncles changed her will, you need to prove what you say--do you know where the other previous wills are or the attorney who helped her draft it?

How much was your dad supposed to get and how much did he actually get? What does the witness say that is different from what the will now states?

Who was the executor of the estate? Did one of the brothers have power of attorney signed by her?

If you think you have been cheated, you or your dad needs to be talking to a probate attorney to help you evaluate the wills and the witness to see if you need to contest this will or not.

Maybe she liked the other two sons better than your dad. We can't give you a definitive decision here because we can't see what the documents say.

DANDY DON IN OKLAHOMA ([email protected])

 

[dmdavis_2]

To give a bit more info. My grandmothers estate was worth about 1.5 million. She owned half of an insurance agency. The witness and the other people providing information all had the same story. I was suspose to recieve part of her house, money and her car. My dad was suspose to recieve 1/3 of her half of the insurance agency. All he recieved was 1/3 of the house. Her insurace stock was worth about 1.2 million dollars. My two uncles got that to devide between themselves. The will was written by my cousin, my grandmothers nephew. My uncle is a lawyer so he knows how to construct a will. My two uncles were the only two that had the will. My grandmother did not have a copy, the Lawyer, nor my dad. Just my uncles. It took them 6 months to finally get the will probated. My dad had asked for a copy, but was told no. He did not see it until the probate date. My uncles were the executors, not my dad. When I talked to the will witness, she said that this will was most defently not the one she signed. I hope this helps.

Thanks,

Mark

 

[seniorjudge]

To give a bit more info. My grandmothers estate was worth about 1.5 million. She owned half of an insurance agency. The witness and the other people providing information all had the same story. I was suspose to recieve part of her house, money and her car. My dad was suspose to recieve 1/3 of her half of the insurance agency. All he recieved was 1/3 of the house. Her insurace stock was worth about 1.2 million dollars. My two uncles got that to devide between themselves. The will was written by my cousin, my grandmothers nephew. My uncle is a lawyer so he knows how to construct a will. My two uncles were the only two that had the will. My grandmother did not have a copy, the Lawyer, nor my dad. Just my uncles. It took them 6 months to finally get the will probated. My dad had asked for a copy, but was told no. He did not see it until the probate date. My uncles were the executors, not my dad. When I talked to the will witness, she said that this will was most defently not the one she signed. I hope this helps.

Thanks,

Mark

Mark, we're talking over a million dollars here. Get off this forum and hire a lawyer!

 

[dmdavis_2]

Do you think I have a chance? I know it is a lot of money. But if I talk to a lawyer, and there is no chance, I am out of money there. I know lawyers are expensive. I do not have whole lot of money. If you think I have a real chance I will contact one though. I just dont want to waist money if there is no chance. I hope you understand. My whole reason for coming to this forum, is not to do it by myself, but to see if I have a chance in hell without a Hard copy of a will. Sorry to bother yall. Does any one think that I have a chance. If so, I will be at a lawyers office Monday morning. Thank you for all your help.

Mark

 

[seniorjudge]

Do you think I have a chance? I know it is a lot of money. But if I talk to a lawyer, and there is no chance, I am out of money there. I know lawyers are expensive. I do not have whole lot of money. If you think I have a real chance I will contact one though. I just dont want to waist money if there is no chance. I hope you understand. My whole reason for coming to this forum, is not to do it by myself, but to see if I have a chance in hell without a Hard copy of a will. Sorry to bother yall. Does any one think that I have a chance. If so, I will be at a lawyers office Monday morning. Thank you for all your help.

Mark

"... We can't give you a definitive decision here because we can't see what the documents say...."

--Dandy Don

 

[Dandy Don]

Was your grandmother's nephew an attorney? If not, then he is probably not very knowledgeable about what the will requires and it will have obvious mistakes that make it vulnerable to being contested by you and your dad, which will make your case stronger.

You don't need to have the original hard copy of the will although it would have helped if you knew who drafted it. Obviously the brothers destroyed it.

Your attorney can help you evaluate the will for its weaknesses--number of witnesses, are there any specific disinheritance clauses that mention the reason she disinherited you and your dad (if no clause, then your case is stronger to win), did she suffer any diseases where she might have been taking medication that would have affected her judgement, etc.).

It's going to be hard to find an attorney willing to help you contest this without your being willing to pay a few thousand dollars as a retainer, but keep asking until you find one willing to help--maybe there is one out there willing to defer payment until you win your judgment and then collect his fee from that when the other side pays up!! Best of luck to you in your battle against the thieving uncles!!

You need to specifically ask upfront if there is a statute of limitations that would prevent you from contesting--let's hope that you didn't wait too long to do anything about this. And also ask if the statute of limitations applies if the uncles had gotten power of attorney and if you can bring charges against them for abuse of power of attorney or destroying a will or theft from an estate.


DANDY DON IN OKLAHOMA ([email protected])

 

[Dandy Don]

Please do not hire the first attorney whose name you find in the yellow pages. When scheduling an interview, you need to speak with a probate attorney who is experienced in litigating will contests and who is willing to provide you with probate file numbers of successful cases where you can look at the court file to prove won. But get the question answered about the statute of limitations right now.

DANDY DON IN OKLAHOMA ([email protected])

 

[dmdavis_2]

My grandmothers Nephew is an Atty. I had talked with him. He did not file a copy at his office. I also talked with the witness, she said that the pages that she signed on are correct(pages 3 & 4) but for the first two pages, She said that it is sure it is not correct. The writing on one of the first two pages, looks like one of my uncles, (the fill in the blank parts). The signature on page 2 looks like someone tring to write slow to forge it. The signature on the last page, looks more different. It is a smooth signature like my grandmothers. I lived with my grandmother for the 4 years before her passing. I was leaglly residing with my parents, but I had helped my grandmother, and lived at her house 90% of the days/nights. She had emphezima. I have a condition called Asperger Syndrome, and happen to have a legal interest. My uncles took advantage of my father in 1989, by selling his share of the business for at least 1/2 of actual worth. He a has Aspergers as well.. His is more of the passive type. I do not mean bad by saying this, but he lets his Bros run all over him. Anyway, If any body has anymore advice, please let me know.

Thanks,

Mark

 

[pojo2]

Put all this crap under one post I am tired of reading through and replying only to find another post you have started with answers to the question I ask under yet another of your post. Jeez this is a million dollars hire a freaking Atty!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!