Help! should my mom sue her dad's money?
my moms dad died, but he didnt leave anything for her ( u no what i mean... MONEY) he left it for his cousins, should my mom sue the money so she can have it instead of his cousins, plz, dont ask questions, only answers
he was always drunk,so he was getting into the rehab and the hospital! and there is a doctor to prove it, so he could have been drunk when he wrote it, and the cousins are really evil, so they could have made him drunk and then they could have told him that he should leave the will to them, since my mom never talked to him, but she is an only child! my mom doesnt believe that he did it by himself, because he never saw those cousins until before he died! if you know, what documents should my mom get for this, and should she get the doctor for this? p.s. she is an only child, he doesnt have a wife, because she left him, and my mom is his blood
2007-04-05 11:47:34 · 8 answers · asked by coolgirl 1 in Politics & Government ➔ Other - Politics & Government
You can only sue the estate, not the cousins. Has the money already been disbursed? if so, that can be a problem. Most states have a time period before the estate is dispersed call Probate. No assetts are dispersed for a couple of months (it varies by state, I think Maryland and Virginia are about 3 months). This is the time when you can sue the estate and claim the will was written under some kind of duress or mental imcapcitation. This goes well beyond your typical estate planning / will writing lawyer. You will need to get an attorney that specialzes in Probate Litigation. Use the internet and search for probate. You can start by going to http://www.targetlaw.com
2007-04-09 11:34:23 · answer #1 · answered by Rudai B 2 · 0⤊ 0⤋
So your mom - her father's ONLY child - never talked to him, but NOW she's all concerned that his MONEY is disposed of the "right" way?
And he was in and out of rehab and she WASN'T there to help him?
You know what? Even IF the cousins got him drunk and made him change the will, your mother WASN'T there to protect him or take care of him.
She is probably getting what she was worth to him.
2007-04-05 12:36:23 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If Dad left a will his wishes have to be followed. When the will is probated, your mom can challenge it in probate court. She would have to hire an attorney and present proof of wrong doing on the part of the heirs...not just suspicions.
2007-04-05 11:54:43 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
Technically, I suspect from the descrip[tion above her only point of contest would be (temporary insanity (drunk)) on his part. I would currently be surprised if she would win; but lawyers get 'strange' things to happen in my past opinions in this country!!!
2007-04-05 12:01:12 · answer #4 · answered by jefferyspringer57@sbcglobal.net 7 · 0⤊ 0⤋
Your grandfather had a will. If it was signed and validated by an attorney, there's not much you can do. And since it was his money, he was free to leave to whomever he chose. And it wasn't your mother.
2007-04-05 12:04:56 · answer #5 · answered by missingora 7 · 0⤊ 0⤋
she can contest the will and if she had power of Attorney she can have it contessed very easy if he was drunk offten really should be easy to prove altered state of mind i would get a lawyer he would know how better to help you and PRAY in JESUS name for help and fast justice
2007-04-05 12:04:17 · answer #6 · answered by steel warrior 01 2 · 0⤊ 1⤋
I think she should sue, Its her fathers money, and I am sure if she deserves it, and with his drinking problem she could win
2007-04-05 11:53:19 · answer #7 · answered by eeyore6838 5 · 0⤊ 3⤋
only if she think she can win
2007-04-05 13:56:01 · answer #8 · answered by maebbaby 1 · 0⤊ 0⤋