Question About Wills (Part 2)

[Young_City]

I posted a question a few weeks ago about wills, and who contacts you if you are in the will.

Well things have become a little more complicated now. I don't want to get into details, the reason being that its a complicated situation that would take to long to explain. But would I have to speak to a Estate Lawyer in regards to Estate Litigation?

Thanks in advance.

 

[fuji]

You haven't given us enough information to give you a meaningful answer, but the fact that you said this: "it's a complicated situation" biases me towards saying yes, contact an estate lawyer.

On the other hand there are a few basic questions you haven't answered:

1) Have you contacted the executors of the will?

2) Is there any dispute over the way things should be divided?

Generally it's worthwhile checking out whether people will work things out with you amicably. Most of the time they will. If not, and it's worth it to you to get what you think the will should give you, then yes, you need a lawyer to proceed with any kind of estate litigation.

(EDITED: Rewrote this vs. what is quoted below after I realized he was asking about someone else's will, not writing his own. Apparently he replied while I was doing the rewrite.)

 

[Papi Chulo]

Speak with a lawyer. There is no fee to consult with most lawyers & they will tell you whether or not it is worthwhile to contest the will.

 

[buttercup]

The most vicious and hostile lawsuits, in 3-2-1 order, are
3rd: unfair dismissal
2nd: Family/divorce
1st : Wills/estates

So, yes, get yourself an experienced estates lawyer.

 

[Young_City]

You know, you haven't given us ANY information so no-one can give you any kind of meaningful advice. A good rule of thumb, though, would be that if it is in any way complicated you need to talk to an estate lawyer.

The only really uncomplicated will would be almost a one-liner in my opinion, something like this written in your own handwriting (not just signed, in handwriting), signed, and witnessed by someone credible PROBABLY doesn't need a lawyer:

"It is my will that upon my death that my wife will get everything I have"

If your will gets much more complex than that, yes you need a lawyer.

Sorry I know I didn't give much information but I should try to explain the situation a little better.

Before the individual passed away he told me exactly what he left in his will for me, and I even saw the papers. Also, I should let you know that the individual did have a lawyer who handled his will.

Now at the moment I am 100% sure that he did not remove my name from the will, or change the will for that matter. The reason being that I took care of the deceased and was with him the entire time before he passed away, I was also with him the majority of the time when he was in the hospital. In addition, his son who was also in the will and knew exactly how everything would be distributed also told me what the deceased had left for me.

Now I saw a member of his family who told me that they had opened the will but that I was not in it. When I called his son to tell me about this he told me that the same thing had happened to him, that they told me his name was not in the will.

 

[Young_City]

Papi Chulo and buttercup,

Thanks for the advise.

 

[Young_City]

Sorry, just a quick update. I just found out who the executors are, there are 3 in this case.

The deceased had two sons, one who I was close with and another who I only saw a few times. Now, I just found out that the son who I was not close with is trying to fight to have two of the assigned executors dismissed. Also, I found out that there are four other individuals, besides me and his other son, who are in the same situation as me.

LOL, seems like this just keeps getting more interesting. I'll keep you guys updated.

Thanks again for the help, appreciate it.

p.s. if this ends up in my favor drinks and lap dances on me boys (and girls)!

 

[Papi Chulo]

I contested a will a few years back... the legal bill to do it was approx $25K

In the end, there was no judgment as I accepted the 4th or 5th offer the other side made.

It is really a shame as I am sure that the people who die, do not want the lawyers to get rich off of their estate... but just like in the wild, when there is death, or it is imminent, there is almost always vultures

 

[fuji]

There is no question that you need a lawyer, no question at all.

The only question is whether or not you might be able to have one lawyer represent several of you. That would be possible only for so long as the group of you have the same interests and are not in conflict with one another. As soon as there is even a hint of disagreement between you the lawyer will be forced to work for only one of you, and the others will have to get their own lawyer.

Whether or not that is possible your lawyer will tell you when he hears the details. He will advise you of whether or not he can responsibly represent all of you jointly on at least some issues, or whether he would be in a conflict of interest. (By "all of you", I mean, all of you who are contesting the will.)

You absolutely need a lawyer, you can't (sensibly) contest a will without one.