Wills and Estates » Will Contests Legal Questions & Answers


Category: Wills and Estates » Will Contests
If an estate is to be divided equally can the the executor's divide how they see fit?

If the will says that everything is to be divided equally between my deceased mother in-law's 5 children, can the exectors(2 of the children) decide how much they will give each one? they should have gotten around 20,000 each after the estate settled and they took my husband $20,...

04/12/2007 | Category » Will Contests  State » AL  #3010
Is it legal to ask for proof of next of kin when someone has passed away?

Can you ask for proof of next of kin after the father dies if she is trying to take over on all of his property stating she is his only daughter?

05/13/2007 | Category » Will Contests  State » WI  #4646
How long do I have to contest a will in the state of Georgia?

How long do I have to contest a will in the state of Georgia?

05/15/2007 | Category » Will Contests  State » FL  #4849
What is considered "contesting" if a will have a no contest clause?

My Step-father Died. He has 2 daughters. His will has a no-contest clause in it. The daughters are doing everything possible to to get more than what is left to them as stated by the will. When is it classified as "contesting"?

09/25/2007 | Category » Will Contests  State » AZ  #9030
What are grounds for contesting a will?

What are grounds for contesting a will?

10/24/2007 | Category » Will Contests  State » AZ  #10869
How long does a person have to contest a will?

How long does a person have to contest a will?

11/08/2007 | Category » Will Contests  State » IN  #11916
Is the old will of my deceased wife that does not list her married status legal?

My wife passed away 01/01/09 the last will she made is old and does not reflect our married status. It just lists me as a friend. What can I do to change it or break it?

01/13/2009 | Category » Will Contests  State » TX  #14982
How do I contest my aunt's will?

my aunt died leaving a will that left 1 house to be divided between 2 nieces and 2 nephews, and 1 house to another relative to include all possessions and a vehicle. she had that will made in the hospital heavily medicated and mad. problem is just 3-4 days before she died suddenl...

01/30/2009 | Category » Will Contests  State » IL  #15109
If someone dies owning a corporation, does the estate own the corporation?

If an individual dies with a gross estate of less than $1.6 million and is the sole owner of an S-Corporation which, in his will he did not transfer the shares of the corporation to the estate, does the estate own the corporation, entitling the beneficiaries to all corporate fina...

02/02/2009 | Category » Will Contests  State » NY  #15127
How can I dispute my father's will if I know his wishes we not followed?

If I am about to lose my home and I have a very wealthy uncle (That has my fathers stock 22 million) is there such thing as a hardship where I could get the money from him through a lawyer? He wont talk to me because he took my fathers stock when he was dying and heavily medicate...

02/10/2009 | Category » Will Contests  State » WA  #15215
What rights does my wife have to her mother estate if there was no will

My wife’s mother just died in Tennessee without a will. Her property is in her mother's name. The house on the property is in her mother's and surviving father in law's name. What rights to the estate does my wife have? She was working on a new will but died without sig...

03/09/2009 | Category » Will Contests  State » TN  #15496
Is there a statute in Wisconsin regarding collecting on money given to an heir marked 'loan' ?

Looking for a statute in Wisconsin regarding collecting on money given to an heir marked 'loan' or not marked as gift that was never paid back to the deceased. Estate is in probate. Looking for any caselaw where, in such a situation, the personal representative won a money judg...

04/13/2009 | Category » Will Contests  State » WI  #15979
Would a copy of the Will be available for viewing somewhere?

We have a Revocable Living Trust Agreement and a Will that we states the Trustee is to distribute property as stated on a seperate, dated writing, in existence at the time of death. We believe wishes are not being carried out according to this writing but we have not seen a copy ...

04/27/2009 | Category » Will Contests  State » ALL  #16215
What to do if I believe mt mother's will was not followed?

A conservator and a guardian were in control at my mothers time of death. There was a will; the original was misplaced but court visitor placed copy in Estate court case. They did not use the will my mother made, and they have not dispersed the personal property of my mothers. A...

04/28/2009 | Category » Will Contests  State » ALL  #16234
How can I get a copy of my dad's will since my step mother is not cooperating?

My dad passed away recently and I know he had a will and some money was set aside for me and my brother. My mom passed away 20 years ago and my dad remarried 12 years ago.Therefore I have a step-mom who told me a week before my dad passed that she thought she would give my brothe...

04/29/2009 | Category » Will Contests  State » TX  #16359
I was left a life insurance policy by my friend who passed but his wife is fighting me for the funds

I lived with my companion for 5 years. When he died he had left his life insurance to me. He was not divorced from his wife and now the wife has the insurance frozen and her attorney says that she will be the one to receive the insurance because of something having to do with h...

04/29/2009 | Category » Will Contests  State » ALL  #16445
What can I do to ensure my mother's assets are divided equally?

My sister, with whom I was very close, had told me, a niece, and another sister that she wanted to add my name to the deed of her home. She had an extensive portfolio of investments with my other siblings as beneficiaries. I was not then named as a beneficiary on any of those. ...

05/17/2009 | Category » Will Contests  State » MA  #16696
Which Form Do I Need for Contesting A Will?

Looking to contest the appointment (already appointed by will_ of the executrix of my mothers will but possibly having the court appoint one. Appears to be a lack of impartiality when making decisions concerning my mothers wishes. Is there a form.

06/24/2009 | Category » Will Contests  State » CA  #17169
How Do I Prove Capacity When Making a Will?

Under what conditions can other family members contest my mother's legal paperwork due to questions about her comptency? Is the best protection her Doctors' recommendation? She has early Alzheimers and I know my siblings are documenting her memory problems and do not honor her wi...

07/20/2009 | Category » Will Contests  State » FL  #17670
Can I File a Show Cause Order to Continue With Probate of a Will in a Will Contest?

After attempting to probate a will it was returned to me after a caveat was filed claiming undue influence. I was told by the surrogate judge I need to file a motion to show cause in Superior Court.With a legitimate will and no basis for undue influence claim can I do this myself...

12/31/2009 | Category » Will Contests  State » NJ  #20256
How Do I Contest a Will for Fraud?

When I divorced in Nevada, my name was on my husbands account and his on mine. He lied to his attorney and later died in December. Since I got a 1099, I contacted his attorney handling the will. The attorney was unaware of the account. Therefore? can I contest the will due to ...

01/30/2010 | Category » Will Contests  State » NV  #20698
How Do I Dispute an Intestate Administration in Texas?

My father died Mar. 24, 2008, my mother did not call to tell me he was dead. There was a safe deposit box with my name on it and she has a friend at the bank that helped her remove me and put my brother on it. She has never called and no mention of a will. I was very special t...

02/21/2010 | Category » Will Contests  State » TX  #21063
Should an Out of State Will Be Registered in Florida?

We have a will executed in Wisconsin. Should it be registed in Fl and if so how?

03/07/2010 | Category » Will Contests  State » FL  #21276
Can Property No Longer Owned By the Deceased Be Inherited Through a Will?

My husband's father died a year ago. There was a will made in 1999 stating that all his assets be split between him and all of his siblings, (5 sisters) his house was to be sold and split etc. After this, there was a quit claim done on the house to my father in law and my husban...

05/08/2010 | Category » Will Contests  State » MI  #22043
In Arizona how much time do you have to contest a will?

Is there a time limit on disputing a will?

05/13/2010 | Category » Will Contests  State » AZ  #22109
Does Alabama Law Allow an Executor's Fee to Be Paid to the Executor?

My father passed away and in his will he put for everything to be divided among my 2 brothers and my sister and me. My oldest brother is executor, he has gotton an attorney to probate the will. The attorney has mailed me, my sister and other brother papers to sign to probate the ...

10/23/2010 | Category » Will Contests  State » AL  #23466
How Can I Make Sure An Executor Carries out their Duties as Required?

I received a Waiver of Notice of Probate of Will that I have not yet signed. I do not trust the Executor but I do not want to make things worse. The attorney's cover letter stated the amount. How can I be sure that this is the amount that was intended and that I will receive the...

11/29/2010 | Category » Will Contests  State » OH  #23728
How Do I Disinherit My Child in My Will?

I have 2 adult children. I want to exclude one of them from any inheritance. Is it best to leave the excluded child unnamed in Article 1, or should I name that child in Article 1 then, in Article Six, state that he be excluded from inheriting any of my property and estate of eve...

12/13/2010 | Category » Will Contests  State » CA  #23810
Cna We Prevent Guests Staying in The Home We Will Inherit After Probate of the Estate?

My Dad died 12-8-2010 and did not leave a will. He had to buy my mother out after divorcing her. The house was paid for and solely in his name. He remarried a few years later for approx six years when he passed. We (three grown children) are from his previous marriage and have al...

01/29/2011 | Category » Will Contests  State » MS  #24105
How Can I See the Bank Statements of My Deceased Mother?

My mother passed away September 2010. The eldest daughter of 6 is the executrix. The 5th daughter is the second executrix. The will is not in probate but we have seen the will (splits the estate 6 ways which I've been verbally told was valued at $260,000). I asked for a sprea...

03/17/2011 | Category » Will Contests  State » CA  #24430
How Do I Stop a Relative From Taking Over My Parent's Estate?

My nephew and his mother made a will (which no one has seen) stating that my mother gave her half of the family home to him. The other half of the residence is in the eleven children's names (I am one of those children). My question is, I am in California, how do I stop this from...

04/01/2011 | Category » Will Contests  State » CA  #24546
Is a Will Enforceable in California?

Hi, I have a question: My mother died in California a few weeks ago, leaving a surviving spouse and two sons (incl. me). We found a will in her safety deposit box at the bank from 1972 that leaves wills everything to her spouse, myself and my brother, but if the spouse cremates ...

04/09/2011 | Category » Will Contests  State » CA  #24605
What is the Statute of Limitations for Contesting a Will in Kansas?

What is the statute of limitations for contesting a will in the State of Kansas? Two years after probate date, three years after probable date? Thanks.

04/12/2011 | Category » Will Contests  State » KS  #24637
How Do I Dispute Being Cut Out of My Parent's Will?

My step dad offered me 50,000 to make his house and property sellable. A task that took us 9 monthes of hard labor. He was in kansas,for an extended visit- He Knew this was the last time he would go back to see my brother. Before he could get back to The Dalles, Were he had arran...

05/18/2011 | Category » Will Contests  State » OR  #24867
How Do I Prove My Father Wrote a New Will?

My father recently passed away and left me a piece of land that he owned. I have been paying the taxes on this land for the last 5 yrs. I have the original deed as I purchased this from him 5 yrs ago he had a will drawn up in 2001 and. Had it amended in 2004 where he left this l...

09/04/2011 | Category » Will Contests  State » TX  #25451