Can you protest a will from 14 years ago?

Question

I was 13 when my father died, and my parents were divorced. He lived in D.C. He passed away from full blown AIDS. I did have a relationship with him, however, it was mostly letterls, and occasional phone calls. I was told by my mother (whom hated him dearly) that I was left nothing and his F*G*T boyfriend got it all. Yeah, nice to tell a 13yr old. Anyways, I never questioned it until now. How can I review it and or protest it if that is so?

I probably should have mentioned that he was discharged from the navy, and I'm no sure if that would make a difference. How could I find out where his will is, short of asking my mother? By the way, child support was not an issue, my mother did do that right and saved it all for me for when I graduated, so i'm not concerned with that, my real questions is the will how do I go about finding it & viewing it?

Answer 1

Yo, what the f*ck, man. I'm sorry to hear about how your mother responded to you. She probably felt rotten that he chose a man over her. Try to understand that and make excuses for her because it surely wasn't the way she envisioned her life.

You did have a relationship with your Dad. Letters and phone calls is sufficient to prove it. Your being his son is enough even. If your father left anything to you, it would have been held in trust by someone. You must look at his will (public document) and find out.

14 years is a long time to wait to contest a will, but you may have a chance depending upon when you found out about potentially being in the will, and when you were in the right state of mind to understand it. Probably at age 18+whenever you actually had reason to know of being in the will or its existence. They call this tolling of the statute of limitations. It's like adding to the time because of mitigating circumstances. The law student's definition of tolling in his answer was wrong.
Maybe in D.C. there is no statute to contest a will, especially if there was FRAUD involved. FRAUD usually destroys all limitations on time in the interest of justice.

Another route is possible too. It's highly irregular, but it may be worth something. Your father was clearly obligated to pay child support when he divorced your mom. It can't be waived. If he was in arrears, that money is owed to you times cost, interests, even attorneys fees should you hire one. Child support belongs to you, not to your mother.

Let me know if this helps. Email me at [e-mail] if you need more assistance. I like hearing success stories from my advice.

Answer 2

You probably cannot contest the will anymore. More than likely, the statute of limitations will time bar you from bringing a cause of action. Most statute of limitations begin to toll (time period starts) when you learn of the possibility of a cause of action (possibly fraud or undue influence) or when, through reasonable means, you should have learned of it. As an heir, you should have been entitled to see a copy of the will when it was probated, giving you the right to contest it at that time. Since you were a minor, your guardian probably took care of this for you and signed off on a waiver to probate the will. Contact the probate court in the county that your father's estate was handled and they should be able to look at the docket and the case file to determine if you were properly served. Even if you weren't, you are probably still time barred by the statute of limitations. Contact an attorney licensed in your state. Most will discuss matters of this nature with you for little or no cost. This way you can determine whether you have a valid cause of action or not.

Disclaimer: I am not an attorney, I am only a law student. Any information conveyed is not to be treated as legal advice and is not a claim that the information contained herein is correct. For legal advice, you should always contact an attorney licensed in your state.

Answer 3

The only Correct answer you got was the first one. In almost every jurisdiction in this country, you have a set time to contest a will or the conclusion of Probate and the max I have ever seen is one year after the close of Probate.

You are way too late. However, you may be able to get a copy of the Probate file to see exactly what did occur. If you know where your father was living at the time of his death, then contact the county courthouse, Probate Division and give them his name and the date he died. They will have to complete Probate file onhand.

Answer 4

You need to get a copy of the will first, which should be a matter of public record (can be found in your local courthouse). From there is would depend on the specific laws and interpretation in your state whether or not you can sue or take legal action.

Answer 5

It should be a matter of public record. Go to the District Court in D.C. and research it. You will be able to read it. I do not think that there would be much left after paying medical bills and other costs involved with dying of AIDS.

Answer 6

If the transfer of your father's estate did not comform to law in every respect, it was a fraudulent conveyance and may be attacked within a reasonable period of time from when you first learned of the fraud itself.

Answer 7

you need to get a copy of the will first, and see if he left you anything or not

Answer 8

To late