question about a deceased family members will?
my grandfather recently passed and in his will he left me some money and my mom some money but my mom passed before my gramps and before he died he explained to me who gets what.my brother and I and my father where supposed to get 50%,25%,25% respectively of my moms portion .but my uncle is the executor of the will and used an outdated will from 1995 to bypass my brother and myself leaving everything of ours to my son .my uncle is a retired lawyer do I have any recourse to fight this .my son manipulated my uncle and my uncle manipulated the will like I said before their passing my mom and gramps at same time explained to me who gets what my part should had been the 25% of what my mother was supposed to recieve had she not passed .with the pandemic in full swing like most ppl out there this money could had helped tremendously.
- MaxiLv 72 months ago
It doesn't matter what he said to you it only matters what is written in the Will and the latest Will...so your mothers share is split equally between her children only if she was not alive to accept it
If the last written/signed/dated Will was 1995 then that is legally the only Will
- 2 months ago
Don't worry about it. In the end, the Executor needs to satisfy a judge that he did everything right. He will be given a big dose of hell-on-earth if he fails. What you grandfather said in spoken words means nothing. What he wrote in a signed will means everything. Go see an attorney and have all this explained to you. Nothing can be done by your uncle until he gives you written notice of distribution intent and the chance for you to disagree in writing.
- ?Lv 52 months ago
It doesn't matter what was explained to you. What matters is what is in writing either in the will or in a codicil. You have the right to challenge the will in court. You need to sit down with an attorney to investigate your options.
- Christin KLv 72 months ago
You will need to hire your own lawyer to contest the terms of the will. That means you will have to claim that the will your uncle went by is not the most current one or the most valid one. you need to work fast--because there is a limited amount of time in most places that you are allowed to contest the terms.
And you cannot do this without a lawyer.
However--it's unclear HOW you know which will (if there was more than one) is valid and which one isn't. If you are simply going by what your grandfather SAID to you, that's not proof. Neither is anything your mother told you. You need to have the will that supercedes your uncle's. Or you at least have to get a copy of it. CALL A LAWYER.
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- JudyLv 72 months ago
Can you prove there was a later will that said that? Just because mom and grandpa told you that does not make it so. They might have thought it would happen automatically, but it doesn't.
- A HunchLv 72 months ago
If there is a more recent will, you provide it to the courts.
Are you complaining that your son received an inheritance and you want that taken away? That's pretty crappy.
- StephenWeinsteinLv 72 months ago
If there is a newer will, and you haven't waited too long, then you could go to probate court and get it to order that the new will be followed instead of the old one. If you don't do it quickly enough, it might be too late.
- RobertLv 72 months ago
What someone explained to you means nothing. What is written in the will is everything. If there is no written updated will after the 1995 will, the 1995 will is the one that counts.
- TavyLv 72 months ago
So you are saying fraud ? Where is the Will dated after 1995, have you seen it. If you have then you need a Lawyer.
- Donnie PorkoLv 72 months ago
Unless it’s in the will, the uncle has to follow what the will says.
Didn’t your mom leave a will behind. If your mom died before your grandfather then why didn’t he change his will.
It’s sad that families fight over money. That’s why people need to update their will when they want to make a change instead of just saying it.
The will takes precedence over what they say because they can’t confirm that they said what you said. A will speaks for the dead.