Contesting A Will

[momm2500]

here is a brief about the whole issue.

1. can you contest a will after the probate and estate have been closed?
(executor and estate attorney are best friends and changed the will on the date of the death of a parent) parent died on 2/1/07 and they had tried to get them to sign it that day (which parent was in and out of a comatose state-over 50 witnesses can prove it) the signature was forged! i have proff of parents signature on other legal documents.

2. what happens if it is contested and what happens to the the estate? what happens when executor (who was listed on the deed of the house) was using estate money to pay for fix ups to the house during the time of probate?

3. what happens if the executor and estate attorney lied to the insurance company inorder to get benefits from a life insurance policy? policy had wording in it that states they would only pay if the person was working. the person had been disabled for 5 yrs and could not work or run their own business.

4. what happens when the executor does not divid the estate in 1/2? who do you go to? if a certified letter is sent to the executor and estate attorney questioning this...and they refuse to sign for the certified letter...how do you present it for proof you sent them documentation. meaning the executor wrote a check to a beneficiary and then placed a stop on the check cause they were greeding. now i have bank fees that i have to pay for cause they did this. i have sent a certified letter asking for honoring the bad check and they refuse to sign for the certified letter.

[lwpat]

You can contest but an estate usually cannot be closed without a release from the beneficiaries or a court order. There is a time limit to contest depending on your state but normally it is one year. You basis for contesting would be forgery, undue influence and lack of capacity. Another person can sign a will at the testator's direction but they have to so indicate on the face of the will.

If a will is not valid, the estate passes by intestacy or an earlier will.

If the house is part of the estate, then estate money can be used for normal maintenance. Any expenses to upgrade the house should be charged against that person's share.

You can notify the insurance company if you think there was fraud.

The place ot start is to obtain a copy of the complete file from the probate court and consult with an attorney.

[momm2500]

what if i was never informed the estate was closed or never given any paperwork to sign to indicate that i release the estate. i am one of the beneficiares listed and was always kept in the dark and never told anything. i just happened to go to the register of wills in pennsylvania and inquired about my mom's will. i did receive a letter saying i was a beneficiary but that was it. can i contest this myself without an attorney or is this going to cost me a boat load of money?

[Betty3]

I believe in this case you are going to need the assistance of an attorney. (to answer your questions & help you contest)

[lwpat]

No and probably.