Phase two of Probate a la PRO SE--Help!

[Rnay]

What is the name of your state (only U.S. law)? While I LIVE in Wisconsin, it is Washington state I need help for...

Okay, we got the probate filed and the other (disgruntled disinherited) sibs are contesting it. Big surprise, huh. And along with claiming their mother was psychotic, suffered insane delusions, hooked on prescription drugs etc., they are claiming that my husband and I exerted "undue influence" or duress toward her. And while the fact exists we were not IN the state at all the year she did her will (over 1500 miles away), they are claiming we held a "fiduciary" or "confidential" relationship with her. While I am accessing some very general data on internet sites, I am having trouble finding case law examples or expanded discussion of these terms. With my particular education, I know how to rebut the accusations pertaining to mental health. And we don't have a law school anywhere near.

Please don't blow this question off by just telling us to get an attorney. If we could, we would have already done so. We must do the best we can on our own.

 

[Dandy Don]

And what is the value of this estate that is being contested? You can't afford NOT to have an attorney--at least have a consultation with one to see what your chances are of wining--which look very good from the situation you describe. If you explain that you can't afford attorney services at this time other arrangements for payment can be made. If you are a legitimate beneficiary you can pay after you receive your inheritance.

Your defense will be simply the truth as you have stated it--the burden of proof is on the other parties to prove their case which they can't do because the evidence is just not there.

You can't do "research" yourself without having access to case law databases that are available only to attorneys.

So why did she disinherit the other siblings? If she put a reason for disinheriting them in her will, this is additional evidence that siblings are going to lose.

Best way for you to LOSE your winning case is not to be able to explain adequately your own defense and worse yet, not knowing what questions to ask the siblings to show their incompetence/inadequacy.

 

[Rnay]

Thanks for the reply Dandy Don. No clue at all as to the value of the estate. It is for oil & mineral rights and no actual drilling has been done yet. (The lease is held up due to the title.) And if the oil company that originally proposed leasing has any clue what it is worth, they are not telling us even though my husband is the PR. (They are in apparent cahoots with the other side, as they have likely been filled full of BS about my MIL and us.) It HAS to be valuable I figure or the other side wouldn't go to the risk, trouble and expense of the contest. In their papers, they did indicate it is "very valuable" and that is all we have.

Decedent did not state in her will why she disinherited them, but the tactics they are using in their contest--claiming she was crazy, hooked on drugs, etc.--is the sort of disrespect and garbage they were spewing at her during her life. That is why she left them out; my husband and I always believed in her and showed her due respect and regard.

There was never any reliance by her on us for anything that so far as I am seeing would comprise a fiduciary relationship, no POA, no joint accounts, etc. We couldn't possibly have exerted undue infuence. Neither of us were even in that state for 4 years BEFORE she executed the will and 3 years afterwards. It had been 10 years from the last time I saw her until her death. My husband did visit her for 5 days, 3 years after she executed the will. Decedent had once been employed as a legal secretary and certainly knew how to change or nullify her will if she chose. She had regular services and contact from DHS volunteers who helped her with transports and some housework. They never reported any drug abuse or mental illness like the other side claims, and there was never any question of our being in any way abusive or coercive toward her. (From over 1500 miles away???) If we do not muck things up, we should win this as truth and evidence is on our side. They cliaim we were there when she did the will exerting undue influence. I guess I missed the memo where an airline takes FOOD STAMPS for plane fare!? We had ZERO income that year and have documents proving it.
Through LexusOne, we did access some case info that will help, too.

 

[Dandy Don]

If your deceased relative's name is on the mineral interest rights, there will be a mention of it in the oil company royalty records. Ask your husband to talk to any oil company landman (preferably one not associated with this particular oil company if you know what the name of it is) to get information on how he could find out what particular section of land or whatever is involved so he can get more information about the potential value.

 

[Rnay]

Thanks, DD. You gave me an idea. Even though we already know the exact location of the land (county recorder's office), it makes sense to try another company for the valuation. There are a number of them in play there.

I guess I am so focused on the damn case I lost sight of an obvious possibility. D'OH!

 

[Dandy Don]

This is not going to be significant money at least at the outset. They are going to offer a few hundred dollars per acre at the beginning, that offers the option for the royalty owners to negotiate a higher, better rate if drilling is successful.

 

[Rnay]

Which is the biggest reason we have not gotten a lawyer. Not only can we not access money up front but there is the distinct-although-unlikely (given the location) prospect that a dry well could result.

Our fight now is much more about vindicating the reputation and validating the last wishes of the Decedent. Grr, can you sue people for slander or defamation if the person they are talking BS about is dead and cannot defend herself?

Have just today found some nifty sites online under Pro Se information with a lot of good tips, including preventing oneself from being charged with UPL. Now if I can just make sure I am citing case law properly, I feel a whole lot better.

Thanks, DandyDon!

 

[gloriasdaughter]

As a pro se litigant, I'm sure the judge will not knock you for not knowing how to properly cite cases, but if you are really worried about it, go here for proper bluebook legal citation: Basic Legal Citation (LII 2007)

Good luck!

 

[Rnay]

1000x THANKS, gloriasdaughter!

 

[Dandy Don]

Slander is very difficult to prove and it is probably a waste of time in this case and will only make a silly situation more difficult.

 

[Rnay]

Slander is very difficult to prove and it is probably a waste of time in this case and will only make a silly situation more difficult.

Yep, I figured as much.