My father's will was entered into probate on 1/18/11, with my brother being executor. My 2 sisters agreed not to contest the wil

Asked over 3 years ago - Portland, CT

We were offered 20,000$, not to contest the will, we felt we had no other choice. An agreement was drawn up and signed by my brother, myself and my two sisters. This agreement was drawn up by my brother's lawyer, We agreed it might take a few months for payment. Since then my brother has stopped all contact with us. He will not answer any calls. My questions:
1. Is the agreement to pay us a binding contract?
2. Is there a time limit to ask for a appeal to the entering of the will?
Thank you

Attorney answers (3)

  1. Jonathan Craig Reed

    Pro

    Contributor Level 16
    Best Answer
    chosen by asker

    Answered . Your question is way too complex for any lawyer answering avvo.com questions to discuss even general principles. Issues include: 1) An analysis of the circumstances of the signing of the contract, 2) An analysis of the contract and what it says or doesn't say about time limits for payment and consequences of failure to make timely payments, 3) The reasonableness of the contract taking into account what the will says, the size of the estate, and the strength of available arguments to contest the will, 4) How far along the estate probate is compared to the various statutory events in the probate process, etc. Apparently, you and two siblings have together at least $60,000 at stake. Consult with a local attorney.

  2. Henry C. Weatherby

    Pro

    Contributor Level 12

    Answered . Your questions presents a number of significant issues that would need far more information that can be found in your question. I do not believe that any attorney could provide an AVVO level answer to your question that would be helpful given the need to fully understand alof the facts and curcumstances that (1) led to your desire to consider challenging the will (2) the facts and circumstances that led you to sign the agreement (3) other issues that now cause you to be dissatisfied with the agreement (4) what action, if any has been taken by the probate court or the executor, and (5) why you chose to not have an attorney advise you prior to signing the agreement.

    In short you need to consult an attorney about this problem ASAP.

    Attorney Weatherby is licensed to practice law in Connecticut and three other states with an office in Bloomfield. His phone number is 860-769 6938 and his email address is hank@weatherby-associates.com .

    LEGAL DISCLAIMER
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    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney providing an answer. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with all of your specific facts and all of the circumstances and with whom you have an attorney client relationship. Law changes frequently and can differ greatly from one state to another. The answers provided are general in nature, and may not apply to a specific factual or legal circumstance identified by the question or not contained in the question.

    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

  3. Steven J. Fromm

    Contributor Level 20

    Answered . The prior attorney offers sound advice and raises many issues. The bottom line here is that this whole thing just smells bad. For example, why did you sign this thing and did you know all the legal implications when signing. Did you have an attorney review it? At this point, get with an estates attorney immediately to get a clear assessment of your rights at this point and a measurement of the legal validity of what you signed. Do this now.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks.
    LEGAL DISCLAIMER
    Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below.
    Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
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