can someone explain to me the process of contesting a will from start to finish? And how to start probate?

Question

I live in washington state, and i feel that when my father passed away, his ex-signifigant other either destroyed my father's most recent, valid will or else forged one all together.This person also claimed to be POA for my father,and made some VERY disturbing end-of-life decisions for my father,even though I was there at the hospital before he died.Followong his death,this person simply told the hospital that the POA documents could not be found-though my mom(dad's ex-wife) and I had informed the hospital the whole time we were there that my father had revoked this person's POA status years ago!This person,I've found in my recent research has been charged with,and convicted of,TWO SEPERATE counts of medical malpractice!This person appointed themselves as Executor of my father's estate, & claims that my father left nothing to me or his only grandchild, which i know is untrue. I'm also wondering if there is a statute of limitations,& if anyone has advice for finding legal help pro-bono

Answer 1

Step 1. You hire a probate lawyer.
Step 2. You let the lawyer handle it.

You will not be able to do this on your own. You did not even recognize that it depends on what state you live in.

Answer 2

Sure. A law professor can explain it to you over the course of several weeks of intense tuition.

First off, the laws are different in every country, and you didn't tell us where you are.

In many countries, such as the US, Canada, Brazil and other Federal countries, the law is even different in the different States.

Second, Probate law can be VERY complex and technical, and if you make a mistake you can cost yourself literally everything.

The way to start it, therefore, if you're not an expert, is to hire a lawyer - BEFORE you try anything on your own and complicate it unnecessarily.

I have a good friend who is a probate lawyer, and he jokes that the sweetest sound he ever hears is a new prospective client who starts by saying "So I've been trying to do this myself, but......." because he knows that means he'll be probably be doing FAR more work - and therefore charging far more - than if he'd handled it from the beginning.

Richard

Answer 3

You need to know what is in the will first. Most wills provide that if a beneficiary contests the will, then they lose all interest in the estate. If you are a beneficiary under the will, you might want to know whether or not that clause is in the will.

What you are asking for is one of the most complicated areas of the law. Most lawyers who do not even specialize in probate law fail to understand it. Lots of nuances here.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

you cannot explain it from start to finish without knowing what state you live in.
this is a self help site "WASHINGTON (State) PROBATE":
http://www.wa-probate.com/

Answer 5

you will have to get a lawyer.