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Can siblings contest a will and get a dispute over burial plot into court themselves or does this require an attorney?

Little Rock, AR |

My grandmother passed away a year ago, with presumably only a holographic will which she entrusted to one of her daughters. To this day, said daughter is the ONLY one of six children that have seen this will. She didn't have much, but said daughter also put married on her death certificate when she was in fact, divorced.(this has since been corrected) This allowed them to take ex husband and have another will drawn up, all of my grandmother's belongings are now his. How do other family members go about correcting this? There is also a dispute over a burial plot, my grandmother did NOT want ex buried by her, but said daughter is dead set this is going to happen. How can that be stopped as well? The city in charge of cemetery has not been much help! Thanks for reading!

Attorney Answers 2

Posted

How would you do ANY of this without an attorney? CAN you do this? Sure. What are your chances of winning without an attorney? Maybe 5-10%. That is if the daughter does not have her own attorney and you are simply all arguing in court. In order to get done what you want to, you are going to need a very good probate litigation attorney.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

I absolutely agree with Mr. Frederick. The only sensible way to untangle this mess is with experienced probate counsel in your county.

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