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.
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** 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. I hope you our answer helpful!
Elder Law Attorney
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 for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
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 through the above answer.
Criminal Defense Attorney
It is possible but you need to retain and consult a lawyer
Does this answer your question?
henry lebensbaum, esq.
300 Brickstone Square, Ste 201
Andover, ma 01810
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.