Can we contest?

[refractoryman]

What is the name of your state? Ohio

I, along with several siblings and cousins were named beneficiaries in my Uncle's will. We all received a notice from Probate along with a copy of the will back in July. After several calls to the attorney handling the case and the cousin who is also the Executrix we were unable to get any information. Rumor in the family now is that there was a second will made out (5) years ago leaving everything to the Executrix that nobady new anything about. There is also the possibility that everything was signed over and put in the Executrix's name prior to my Uncle's death. My question is can we contest this or file some sort of motion to see what the estate is worth and if we can get our share of the estate as my Uncle had wanted.
Thank You
Boomer

 

[BelizeBreeze]

You can contact the county recorder's office in the county where the Uncle died and for a copy and mailing fee, obtain the probate file. Once you do that, then you can see if the "NEW" will has been entered.

You can also contest the will regardless of the facts as they unravel. Standing to contest does not require facts beforehand. Only standing. And you have standing from biology.

But first, find out if there is anything to contest by viewing the probate file.

 

[Dandy Don]

No wonder they won't cooperate--cousin executrix knows that what she has done is shady and probably figures you all WILL contest the will, and I would, too. She probably also got power of attorney before he died to steal as many assets as she could.

Do you have access to the older will or do you know where that is, or is it likely that executrix had that destroyed?

Let's hope there is no specific language in the will that specifically disinherits nieces and nephews, or your grounds for contesting won't be as strong. Your probate attorney will have to review it to see how strong your grounds for contesting are. But if you decide to contest it will cost thousands of dollars payable upfront to retain an attorney so you need to evaulate what the estate is worth to see if it is really worth contesting.