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Contest a Last Will made in Washington. Father died in S. Carolina Apr-2012 after 14+ year battle with Alzheimer's.

Pickens, SC |

Family/friends noticed confusion, memory loss when Father made a Will in 1998. Daughter tried protecting his possessions and property but Father believed she was trying to steal from him. Things worsened so daughters brought him to S. Carolina, purchased home with father's money and cared for him in it for 11 years until his 2012 death. In May-2013, Father's attorney in WA filed Declination to Act as Executor and Father's 1999 Will. It was at that time his daughters learned Father changed his Will, removing them as beneficiaries and leaving everything to father's brother and nephew. Daughter contacted father's brother/beneficiary who gave a written statement that his brother was not of sound mind when the 1999 Will was made. Now what?

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Attorney answers 3

Best Answer
Posted

I would suggest that you contact an attorney before doing anything else. You need to have the Will in question reviewed. If the named beneficiaries are willing to disclaim their interests, then you would not need to contest the Will. Depending on the provisions for alternate distribution in the document, (which needs to be reviewed by the attorney), it may pass to the daughter, by virtue of the disclaimer(s). This is a potentially complex situation, so you need to involve an attorney to determine how best to proceed.

James Frederick

***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!

Asker

Posted

James, thanks very much for your thorough reply.

James P. Frederick

James P. Frederick

Posted

You are very welcome!

Posted

You will need to formally contest the will by filing the appropriate pleadings in probate court. The judge may order a hearing. Best to be represented by counsel through this process.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Asker

Posted

Thank you, Celia.

Celia R Reed

Celia R Reed

Posted

You're welcome!

Posted

I agree with Attorney Reed. Please contact an experienced attorney immediately as time is of the essence. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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