My husband has two daughters from his first marriage - both are over 40. We have two small children - under 10. He passed and provided for all of us in his will. When I started to probate the will (I am independent administrator), his daughter called the courthouse and stated that she wanted to contest the will. My attorney wants an additional $3500 to proceed. I want to wait his daughter out to find out what she wants to do next, but cannot reach her. Doesn't she have to have a lawyer to proceed? Isn't there paperwork that she has to file?
2006-08-25 10:57:41 · 2 answers · asked by joycaro 3 in Politics & Government ➔ Law & Ethics
Her best bet is to hire a lawyer, but no court really requires you to. Ask you lawyer if the will has a no-contest clause in it. If a lawyer drafted it, the clause should be there. This means that if she makes a frivolous case to contest the will, she loses whatever was willed to her. She will have to file paperwork. Ask your lawyer what the specific deadlines are for this. He should be able to tell you at no extra charge.
2006-08-25 11:01:25 · answer #1 · answered by Catspaw 6 · 0⤊ 0⤋
Lawyers make Money
2006-08-25 18:00:31 · answer #2 · answered by david786 4 · 0⤊ 0⤋