How do you know this? If this was an oversight it was a pretty big one. You could ask the attorney who drafted the will if this was a mistake but you have a tough case here. The will as drafted is probably controlling unless you can somehow prove with convincing evidence and proof that it was an oversight. Get with an estate litigation attorney to directly discuss the facts and possibilities of overturning the will. Be prepared for a long and costly fight with no favorable outcome guaranteed.
Hope this helps.
Please remember to designate a best answer to your question.
Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is email@example.com , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is firstname.lastname@example.org , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> 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.
If your uncle "forgot" about family members, it sounds like he may have been in no mental state to write a will.
As the above answerer implies, proving a testator's mental state at the time of making a will is very difficult. But if you're on good terms with the half brother and other beneficiaries of the will, try getting them to agree that your uncle was incompetent. You'd still have to petition to revoke the will, but it'd be an easier time of it.
You'd also be faced with this problem: assuming the testator was incompetent, the best you can hope for is a revocation of the will. This would mean that either your uncle's previous will would control, or - assuming he had no previous will - that he died intestate. In intestacy, nieces and nephews usually don't receive property if there is a spouse, child, sibling, or parent of the testator still alive.
No attorney-client relationship or privilege is formed by this communication.
The other possibility is that the uncle did not forget about you but in fact did not want to give you anything. In WA, except for a spouse and minor children, a person is not required by law to make any provision for anyone, even biological family members, in his will.
How was your relationship with the uncle while he was living? If you ignored him and had a bad relationship with him, perhaps he did not forget. If you had a good relationship and he mentioned many times his desire to leave something to you, you can check with your attorney whether there is any claim that the uncle was not mentally competent when he signed his will.
You need to act quickly if you want to challenge the will. There is only a short time to do so.
You should promptly review the specific facts with your attorney to find out your legal options.
When you say your Uncle forgot about you in his Will - do you mean he did not identify you as family or he did not provide for you to take any assets? To answer your question properly, an attorney would need to see the Will and fully understand your family line of surviving kinship. Bear in mind that if you have a right to contest his Will, you must do it within 4 months of the date the Will is admitted to Probate or you will be barred from bringing any claim.
My answer does not create an attorney-client relationship and is not to be considered a legal opinion. It is only a general answer to a general question.