My dad made a will and it could be forged. Also, he made it so I am not supposed to inherit anything

Asked over 1 year ago - Clinton, MA

I don't know whether or not the will is forged. I am his only next of kin and noone even told me he died until February or that he was sick...he died November 15, 2012. Also, this woman got everything and as far as I know she only took care of him for a bit and I want to know if I should sue her or fight her in court? Her son got his 1954 panhead Harley Davidson and all property and most of his assets. I'm not sure if child support was still due. I live in Massachusetts and the Department of Revenue said the case for child support was closed. I want to get what I deserve. My dad never helped me was never there for me. This woman might have lied and coarsed him into this or it could be forged the writing doesn't look the same.

Attorney answers (4)

  1. E. Alexandra Golden

    Contributor Level 18

    14

    Lawyers agree

    1

    Answered . I agree with Attorney Frederick here. Will contests are never easy and they are not inexpensive.

    You will need to have compelling evidence showing that at least one of the factors he described existed. Further, you did not say if you filed objections to the admission of the Will to probate. You should have received a Citation after the Will and the Petition for Probate was filed. The Citation states that the Petition for Probate was filed, the location of the courthouse where the Petition was filed, the name(s) of the petitioner and the nominated personal representative, and provides a deadline by which notice of objections must be filed. You can still objection after the deadline, but you must be able to show good cause why your objections were not filed on time.

    I strongly suggest you meet with a probate litigation attorney ASAP. Bring a copy of the file from the courthouse with you and let the attorney assess the matter.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
  2. James P. Frederick

    Contributor Level 20

    16

    Lawyers agree

    Answered . No one on this site can really answer your question. You need to meet with an attorney face to face, review all of the facts and evidence that you have, and determine how best to proceed.

    I hate to be blunt about this, but children do not "deserve" anything. You are not entitled to an inheritance. Under the circumstances, it sounds very plausible that your father may have intentionally excluded you. Since your dad "never helped you" and was "never there for you," I am not sure why you would expect him to provide for you in his Will.

    You cannot contest a Will because you do not like what it says. The basic grounds for a Will contest are: 1) Will was not properly executed (not signed, not enough witnesses, etc); 2) the testator lacked mental capacity, (did not understand what he was doing); or 3) there was undue influence that completely over-powered the testator's intent. These cases are very difficult to win, in part because Wills are presumed to be valid and the burden of proof is against you.

    Your only real hope is to consult with a VERY skilled probate litigation attorney and hope that you can find some compelling evidence that suggests that the will should not be upheld.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Emma A. Kremer

    Contributor Level 15

    9

    Lawyers agree

    Answered . I agree with the answers of my colleagues. If you want to contest the will, consult an attorney as soon as possible and share the details with your attorney. I would not recommend getting too specific on the internet. Best of luck.

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created... more
  4. Henry Lebensbaum

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is possible but you need to retain and consult a lawyer



    Does this answer your question?

    Call me:



    henry lebensbaum, esq.

    300 Brickstone Square, Ste 201

    Andover, ma 01810

    attorneylebensbaum@verizon.net

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,422 answers this week

2,623 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,422 answers this week

2,623 attorneys answering