Contest a Last Will made in Washington. Father died in S. Carolina Apr-2012 after 14+ year battle with Alzheimer's.

Asked over 1 year ago - Pickens, SC

Family/friends noticed confusion, memory loss when Father made a Will in 1998. Daughter tried protecting his possessions and property but Father believed she was trying to steal from him. Things worsened so daughters brought him to S. Carolina, purchased home with father's money and cared for him in it for 11 years until his 2012 death. In May-2013, Father's attorney in WA filed Declination to Act as Executor and Father's 1999 Will. It was at that time his daughters learned Father changed his Will, removing them as beneficiaries and leaving everything to father's brother and nephew. Daughter contacted father's brother/beneficiary who gave a written statement that his brother was not of sound mind when the 1999 Will was made. Now what?

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20

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    Answered . I would suggest that you contact an attorney before doing anything else. You need to have the Will in question reviewed. If the named beneficiaries are willing to disclaim their interests, then you would not need to contest the Will. Depending on the provisions for alternate distribution in the document, (which needs to be reviewed by the attorney), it may pass to the daughter, by virtue of the disclaimer(s). This is a potentially complex situation, so you need to involve an attorney to determine how best to proceed.

    James Frederick

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

    Contributor Level 20

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    Answered . You will need to formally contest the will by filing the appropriate pleadings in probate court. The judge may order a hearing. Best to be represented by counsel through this process.

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

    Contributor Level 18

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    Answered . I agree with Attorney Reed. Please contact an experienced attorney immediately as time is of the essence. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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