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  1. #1
    Join Date
    May 2019
    Posts
    1

    Default Can You Contest a Will After Distribution

    Hi,

    last year I was left a 5% share of an estate in a Will. I was named, alongside my ex-husband at the time, who also was named and left 5%. The will does not have any caveats that we must still be married at the time of death. Both of us are not related to the person who left the will although my ex-husband had the connection with the deceased and I was named purely because we were married at the time. When we divorced, the will was never amended to include his new wife. The will was written 14 years prior to the person passing away.

    At the time of being notified that I had been left this money, my ex-husband asked me to forego my 5%. I did not do this and he then tried to contest this with the executor (a solicitor in a law firm). The executor told my ex-husband that the will was water tight and the have since distributed and finalised the estate. My ex-husband has now engaged a lawyer and is threatening to take me to court to claim my 5%.

    Has anyone had experience with something like this before? I think that seeing the estate has been settled and distributed that the mater is finalised. Am I correct in thinking this to be true?

    Thanks for your help

  2. #2

    Default Re: Contested Will After Distribution

    What state?

  3. #3
    Join Date
    Jul 2018
    Posts
    1,292

    Default Re: Contested Will After Distribution

    Quote Quoting NineApples
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    last year I was left a 5% share of an estate in a Will.
    So...what exactly happened last year? That's apparently not when the will was made. Was it when the testator (the person who made the will) died? The date of filing probate? The date on which the court approved final distribution? The date when you received a check? Something else?
    Quote Quoting NineApples
    View Post
    my ex-husband asked me to forego my 5%. I did not do this and he then tried to contest this with the executor (a solicitor in a law firm).
    What does "tried to contest" mean. Also, just to confirm, are you in the U.S.? If so, what state? I ask because lawyers in the U.S. are only rarely referred to as "solicitors."
    Quote Quoting NineApples
    View Post
    I think that seeing the estate has been settled and distributed that the mater is finalised. Am I correct in thinking this to be true?
    Any challenge to the will almost certainly should have been made before the final distribution, but if your ex ever does something more than "threaten," you'll want to engage the services of a local attorney.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,891

    Default Re: Contested Will After Distribution

    OP, what US state are you in?

  5. #5
    Join Date
    Mar 2013
    Posts
    16,868

    Default Re: Contested Will After Distribution

    Quote Quoting NineApples
    View Post
    I think that seeing the estate has been settled and distributed that the mater is finalized. Am I correct in thinking this to be true?
    You already got your money. I seriously doubt that your ex can do anything but blow hot air, which you are free to ignore unless you are served with a summons and complaint. Then you hire a lawyer.

  6. #6
    Join Date
    Jan 2019
    Location
    Pugetopolis
    Posts
    58

    Default Re: Contested Will After Distribution

    Your ex-husbands cause of action is against the exectutor, not you. You recieved the money in good faith as per the administrators reading of the deceased wishes. Let him sue the law firm, you really aren't involved in this.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Contest a Will After Distribution

    Your facts are a bit confusing, and your rights may be affected by the exact language of the will and the laws of your undisclosed state, but... speaking generally and going with what you have posted....

    If you are stating that this person made two separate gifts of 5% shares of the estate, one to you and one to your ex-, even if your ex- feels that it is entirely unfair that this person did not change his or her will after you divorced, what's done is done. Your husband would not have any basis to try to obtain the gift that was left to you, even if we assume that the person who made the gift only did so based upon your marriage to your ex-, because the gift was not left to him and your divorce from him does not have any legal relevance to the terms of a third party's will.

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