Contesting a will?

Question

My couisin died when i was 16, i'm 20 years old now.He wrote his will while he was in the hospital dying.The thing is, for me and my sister it was written 25 000$ and then it was crossed out and written 10 000 over it, but he didn't intital beside it to prove it was true.

The will is signed by two other people proving it's true, but my cousin was pretty much a millionaire so i'm wondering what happend?

We were not given anything to sign, they sent us each a check in the mail LAST YEAR and said that they had applied to release this money because everything in the estate was not settled yet.

I'm wondering if i would be able to contest this? I know he had the money he wanted to give us first, but he was not in a state where he was able to think about his finances, i mean he died right after.

Also on the will he wrote us as his nieces when he is actually our cousin.
I don't know if its too late, but i was a minor before, i didn't know anything.

i would like to add that this person does have a spouse or children and both his parents have already died.
I have been told that because the 25 000 dollars was crossed out and he did no initial beside it, it was not valid because they could have done it without him knowing.

I live in Quebec canada, and this was done in Ontario, and yes the will was hand written.

But the rest of his estate was supposed to be seperted in the familly. No one else has gotten anything and i have a feeling that the "trustee's" are keeping everything. My father (who lives in mexico) wanted to contest, but i think he gave up because he was so far away.

I'm angry because his mother also died of cancer (and married a lawyer before she died). She had promised us a lot of things (not only money) and because of the marraige, her will is not valid anymore. It sucks because it's the same people involved in both..

Answer 1

You have to talk to an attorney. There are states where you can't handwrite the will. Also, contesting and winning might cost you what you had gained if it validates the will outright.

Again, bring a copy of the will and talk to an attorney.

Answer 2

If it said $25,000 when he was alive and someone else crossed out that after he died and wrote $10,000, then the $25,000 still governs. Ask the two other signers (who are called witnesses) if they remember what it said WHEN HE SIGNED IT.

If you successfully contest the will on the grounds that "he was not in a state where he was able to think about his finances", then the money is distributed as though this will did not exist. If he had a previous will, that would govern, and you might get more or less, depending on what it said. If not, state law generally gives everything to the spouse and immediate family (children, siblings, and parents), so you would get nothing (not even the $10,000), unless there is no living spouse or other immediate family. Definitely talk to a probate lawyer before you do something that hurts you.

Answer 3

If you contest it -- by the laws that apply in most states -- the 25K becomes zero -- because crossing out has the effect of canceling the previous bequest -- but writing in a new amount doesn't add that as a bequest.

In other words -- unless you would be inheriting directly under some statute if the entire will was declared invalid -- you technically should have not gotten anything -- and contesting the will would allow the court to correct that mistake.