Can my sister and I contest a will that was not offered for review for over three years?

My mother passed away on 3-1-10. She was on several medications and not in her right mind when her will was rewritten and filed with the state. She had gotten married only eight months prior to a man that, to date, has not followed the instructions listed within the new document or any document superseding it. We are more interested in finding out what to do about the home and vehicles involved. We we're not given any information as to whether we were listed in the documentation. Please let me know if there's anything I can do.

Aurora, CO -

Attorney Answers (4)

Ruth Elaine McMahon

Ruth Elaine McMahon

Probate Attorney - Bradenton, FL
Answered

Please consult an estate administration attorney and present him or her with copies of documents, etc.. If an estate was not opened, you could try to open it. If the estate was opened and you did not receive notice, there is a problem. There are limitations on when a will can be contested - but, it depends on when the will was filed, when the estate was opened and when notice was supposed to be given.

Charles Adam Shultz

Charles Adam Shultz

Probate Attorney - Los Angeles, CA
Answered

You need to hire an attorney immediately. There are statute of limitations running if the new husband is claiming ownership rights. Contact a probate attorney without further delay.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
James P. Frederick

James P. Frederick

Probate Attorney - Livonia, MI
Answered

This is a duplicate posting. Please see my response to your other question. I think you need a lawyer to review the asset titles to determine what your rights are, if any.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
Celia R Reed

Celia R Reed

Probate Attorney - Phoenix, AZ
Answered

You need to have an attorney review both wills and also consider whether your mother was competent when she wrote the second will. You will also have to find out how titles are held to the house and vehicles in order to know what you are entitled to.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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