Contesting a Will

[skyesspot 0]

Has anybody done this. My friend can't afford a lawyer, but is in the process of doing it. I told her I would help in any way I can.

Is there a website or anywhere we can get some info on how to do it? She is trying Legal Aid, but they are extremely backlogged and she only has 3 weeks to get the filing done.

Thanks for any info you can give.

Life is too short. Don't sweat the small stuff.

[PhillyKev 0]

First, I'd hate if anyone tried to change my wishes that I put in my will.

That being said. I doubt you can do it without an attorney. If for no other reason than the other party will most likely have one. Even if she got the motion filed on her own, when it comes time to go to court she'd be slaughtered.

[seekfun 0]

Is there any chance your friend knows things about plumbing? If so, lawrocket might be able to do some barter system legal work. He has a low-flow toilet issue he's trying to work out.

- topher

Nothwithstanding the joke, I'm sorry for your friend's loss. My condolences.

"...there is a there out there..." - Tom Robbins

[sunshine 2]

Quote

First, I'd hate if anyone tried to change my wishes that I put in my will.

Sometimes an elderly person is taken advantage of and "talked into" changing their will cause they don't know any better. That happened to my Dad's aunt. Some con artists took advantage of her being senile and got her to change it and the family never knew until after she had died.

___________________________________________
meow

I get a Mike hug! I get a Mike hug!

[chuckbrown 0]

Will contests basically boil down to whether the deceased had the mental capacity to make the will. If a lawyer was involved in drafting the original will, it's highly unlikely that there was a failure to follow the procedural requirements (which are amazingly simple.) It is highly recommended that your friend do get a lawyer. Your friend could easily do the necessary research to get the process started (just go to a law school library and tell the librarian the problem), but your friend will have NO time to learn the rules of evidence needed to present her case before the judge; I've gone against people representing themselves and it's like catching fish with hand grenades -- your friend won't stand a chance at a hearing when it comes to an evidentiary hearing. Chances are most of the evidence would be ruled inadmissible; you need a lawyer to be able to be sure you get your evidence in.

If the deceased was of sound mind, your friend shouldn't waste her time contesting the will.

BTW, I'm only giving you my opinion on PA law. Don't want to get slammed for practicing law without a license in the other 49.

[Damion 0]

ya dont help out if you are not an attorney. thats what they are there for. talk to someone in probate law and if you are in California talk with Bryce Letterman, he is a great attorney and very resonable.

[skyesspot 0]

Thanks to all.

Basically there was no will. And then one was "found" after her mom passed away, leaving the evil stepsister (her words) as the executor.

She has the proof that the signature is not the same. Supposedly the will was done back in 1999. She has copies of checks that were written by her mom the day after the date of the will and the signatures and hand writing are SOOO far off it's crazy. Also, there was no attorney involved in the making of the will. There is one now, but he is only there to handle the legal stuff of getting the will ok'd by the courts.

So what we are trying to do is get the proof to the courts and fill out the correct paperwork to keep it in the courts.

Life is too short. Don't sweat the small stuff.

[lawrocket 3]

there doesn't have to be an attorney. In California, holographic wills are just fine. Probate Code section 6111. Extrinsic evidence is allowable to determine whether the document in evil sister's possession is a will.

Read 6111. It shows some good stuff.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=2510528292+0+0+0&WAISaction=retrieve

My wife is hotter than your wife.