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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40690
Experience:  Texas lawyer for 30 years in Estate law
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My grandfather recently passed away. The will was just mailed

Customer Question

My grandfather recently passed away. The will was just mailed to me yesterday. My grandfather's only relatives are me and my older brother as my mother was killed years ago. He had inherited everything in the family over time from his parents, brother, aunts, etc. The will states that me and my brother each get 10,000$. All his property and belongings go to his caretaker and her family who really didn't take that much care of him. Multiple houses... And seven figures in stocks among other property. It seems the i's have been dotted, and the t's crossed, if we contest we get nothing... There was a previous will where everything was divided between us two... We always had a good relationship. I had been working two jobs and she never even told me he was in the hospital. Is there any hope of saving some of the family stuff? This is in NH. Thanks for reading.
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
You have the right to file a will contest.Most will contests concern a lack of mental capacity to understand what they are doing at time of will execution and undue influence.
Here regardless of language of the will if you are successful in challenging the will the prior will then may be admitted instead.
You will need a lawyer to file the will contest here and time is limited.
This is certainly an unusual situation there may well have been undue influence involved.
The law in New Hampshire has been toughened here.You have to be successful in the will contest or you loose your $10k share.
So to me it is really critical for you to have a local lawyer to review the two wills , see what they can uncover, and then you together decide if you want to file a will contest.It has become very difficult, your share is at stake.
Reference to the law change..
http://www.bondpa.com/blog.php?s=changes-to-new-hampshire-trust-laws-effective-september-1-2011
Probate lawyer here with reference.
http://www.avvo.com/probate-lawyer/nh.html
It is not impossible here but has become very difficult with such a clause and the law change here in your state.It has eliminated many challenges, this was the reason they left you something to try to get you to take it and walk away.You have to decide with your lawyer whether you wish to still try and fight here.
It is a tough choice no doubt.
I appreciate the chance to help you tonight.Please let me know if you have more folow up.Thanks again.

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