Saturday, August 8, 2009

Do I have any grounds to contest my dads will?

My dad died june 12, 2006. He bought a house in Dec. of 2005, he always said he didnt want to die in that apartment and he wanted to live something to his kids. He had been saving for 10 years or more for a down payment. After they bought the house he told us that when they die that it would be split 4 ways between us girls, but was willed to each other. His wife moved in with her daughter 6 months after he died and she offered the house to us for 90,000 knowing we couldnt pay. She wouldnt rent to own, land contract nothing. Now she says she "sold" the house to her daughter and she is going to make all the repairs and sell it in Sept. I think this whole thing was planned. She moved 6 months later (to contest a will you have 6 months). She sold it to her daughter who can fix it up and then they are left with all daddy ever had. While we just have old tshirt and pics. I would like for one of us to have the house or if not a % of their profits. Seems fair enough. Do we have any grounds
Answers:
Hurry up and go see an attorney. It shouldn't cost anything to ask over the phone, and it's a better answer than you're going to get on FreeLawAnswer.com !

What does this mean, "willed to each other."? If the house wasn't mentioned in the will, then his wife probably gets everything else. She is the next of kin, even if it was a second marriage.
Well, it would help to know HOW his will was made/worded. And HOW the deed to the home was listed. The EXACT words on the deed such as Him and Her, joint tenants with right of survivorship or some such.
You are probably stuck; the terms of the will are binding unless it can be shown that it was executed under duress of some sort. But this is definitely worth a conversation with a lawyer; it may be showable that the terms of the will were not followed.

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