Skip to main content

If i am excluded from my stepmothers will after she tricked me into signing her as admin. can i contest?

Newnan, GA |

she has left me out of her will, can i contest and win?

Attorney Answers 4

Posted

Admin of what? Her Estate? Your father's estate?

If you challenge the will, the likely outcome is that her assets will pass by intestate succession. Since you are not her child, you will likely receive nothing through intestate succession. Thus challenging the will would be pointless.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

yes, admin of my fathers's estate, years ago and it was not the smartest move but being younger and inexperienced she didn't honestly explain what i was signing and it was not with her lawyer but just with a notary. Now i am excluded from her will. I thought would be pointless. thanks.

Posted

Your post makes no sense as posted (I am assuming this is a death occuring in Georgia). You don't sign a stepmother's will (so there's nothing you can be tricked into signing) , and you have no legal right to inherit from a stepmother, even if the will was void. (In other words, a stepchild contesting a will they are not in is an exercise in meaningless futility - if the will is valid you're left out, and if it's not valid, you get nothing).

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

4 lawyers agree

Posted

I agree with Attorney Ashman. Your summary does not make sense. You have not included any of the information necessary to try to determine what is going on. Who is the decedent? Your stepmother? You say that she tricked you into "signing her as administrator." What does this mean? You agreed for her to be administrator of your father's estate? What does that have to do with being tricked and where you are at, now? Whether your stepmother acted as administrator for your father's estate or not has nothing to do with HER estate, if that is what your questions relate to.

Because you have not given us any information to go on, all we can do is speculate. That will not get you any kind of reasonable answer. Please feel free to post additional details and we will try to help.

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.

Mark as helpful

3 lawyers agree

Posted

You have no claim as a stepchild, unless she legally adopted you. If you are not in the will, you have no claim.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

Mark as helpful

1 found this helpful

3 lawyers agree

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics