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ok well my father died 7 months ago and he has about 20 houses from 40 houses that he had so when he died my sister from my father side being a lawer obviously lied to him before and made him sign papers where it says everything for her and her brothers and sister from the same mom and dad as her but for me and my other brother which we have diffrent mothers we have nothing so my dad signed papers and it says im adquatley provided for and thats so not true so me and my brother think its a lie and everyone knows it everybody can say that will was fake and she made it and my dad cant read nor write well.my dad is 76 years old and all his kids are adults like 40 and up im the youngest of all im 17.and im so upset because she has alot of money and the best lawyers most likley and i go to some lawyers say i can contest the will and im already going to court with brother but they dont see, to be doing much and my mom dont trust lawyers cause they will work for my sister since she has money..personally i dont care about my dads money but i dont want her to get away with everything...what am i suppose to do im not rich i cant get the best lawyers and i have no idea what to do help please...i live in the U.S IN RHODE ISLAND.....

2007-11-28 15:36:34 · 5 answers · asked by claudia g 1 in Politics & Government Law & Ethics

5 answers

Although this case relates to U.S.A. the issue with regard to 'Will' or any testamentary document of any person in relation to his or her self owned property has universal recognition. The basis issue in any 'Will' which court see that the contents of such written 'Will' should be clearly known to the person who is making it i.e. such a person if is unable to read or write properly should be told all the details with regard to his Property/Estate, whom he or she wish to give such property/estate in what proportion as he or she has purposed have been clearly written down. It is always better, if this person is old age & ill then such will should be read to him in presence of his or her medical doctor/attendant. After this ‘Will’ has been drafted according to the wish of this person, his signatures or finger/thumb print should be taken in presence of Adult witness or witnesses, who shall sign in his or her presence. This basic requirement of any 'Will' is being checked by the court at the time of probation of the 'Will' in question. Now in this case as you state that a lawyer forced your deceased father to sign this 'Will' without his knowing the contents of what all is mentioned in it, this itself amounts to using force & fraud in getting such 'Will' made which is challengeable in the court at the time of probation, this issue which you have already raised through your lawyer. The onus to prove that this 'Will' was forcible or with fraud got made through your father or his signatures were taken on it without him knowing the actual contents of the 'Will' lies on you to prove to the satisfaction of the court by relevant evidence, witnesses & circumstances that can make the court decide this issue in your favor. If the court is satisfied by the witnesses who swear on oath & tell that your father was in no physical condition to read this 'Will' nor he was in a fit mental condition to understand what is told to him with regard to the contents of this’ Will' & this’ Will' has been got drafted by his lawyer in convince with your other sisters & brothers as the circumstances of this case shows that only their name exist as the beneficiaries of his Estate/Property & neither of you, the court may pass an order in your favor. You can take help of his medical doctor & attendant/nurse to give witness in your favor regarding his physical & mental condition along with other person known to you who were present when this will was been got signed by your father. Other then this I see no other matter which can be of any legal help to you at the moment.

2007-11-28 19:54:38 · answer #1 · answered by vijay m Indian Lawyer 7 · 2 0

Your statement is confusing and not clear as to what you wish to achieve with this matter and I assume that you are a step child in fact to this issue. There are several factors that will have to be taken into consideration in order to get and or present a clear picture of how this issue can be better resolved. What is it that you wish to achive in this matter? Do you have access to the original will that was supposed to be executed? Was your father under any medications or a medical condition that would otherwise make conscious decisions? If so, would you be able to get a deposition from these physicians who have treated your father? Do you know that in fact that what your father signed is in fact a modified will or was it really something else? The assumption that you believe there is a favoritism would be prejudiced in the eyes of the court considering that the Supreme Court upholds strict professional ethics and standards for attorneys. The reason they might not being doing much in your opinion is probably due to the fact that they are in a discovery process and this does take time to build evidence, provide viable arguments, and defend the interests of you and your brother. Then as a part of the discovery process they will be looking at the intent of why an altered will is presented instead of the original by your sibling/sister. There are many directions and views that have to be looked at before going into a physical court room. Good Luck to you!

2007-11-28 16:32:13 · answer #2 · answered by Devontrit Whiteside 2 · 0 0

You did what you need to do in hiring a lawyer.

Yes, it may seem that not much is happening. Probate law, I'm afraid, is notorious for proceeding slowly. It's also very fact-specific, so no-one just reading a brief summary on a web posting can possibly second-guess your lawyer.

Richard

2007-11-28 15:52:33 · answer #3 · answered by rickinnocal 7 · 0 0

wow - while your lawyer works on whatever it is you are trying to accomplish, use your last year or two of school wisely and focus on re-learning the lessons about run-on sentences and paragraphs. Your question is unreadable.

2007-11-29 04:26:01 · answer #4 · answered by Barry C 7 · 0 0

yes, you need a lawyer

2007-11-28 15:47:56 · answer #5 · answered by In the Kitchen 4 · 0 1

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