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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2963
Experience:  Litigation Attorney with education focus on estate planning and tax
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My Mother-in-law passed away this last July in Weippe, ID.

Customer Question

My Mother-in-law passed away this last July in Weippe, ID. She left a will drawn up 2 months before she passed away of natural causes. The will left $1,000,000 (Million) to each of 6 grand kids (3 are my wife's and mine and 3 are my wife's deceased sister's)
and a million to several various people. $1 (One dollar) to 2 living children (My wife being one.) One son of my wife's sister early on was grooming his grandmother with attention and upon her death took just about everything he could get out of her trailer home. you see she had little in assets upon her death. The trailer and property that she owned had a taxable value of about $19,000 (nineteen thousand). The cars, trailers, snow mobiles, and possible guns (Her husband passed away the year prior and had been a FFL dealer and had a gun room with lots of guns. Not there when we visited the place a month after she passed away.) These items might be twice as much in value. (Might) Maybe a total $50,000-$60,000 in value. She definitely didn't have millions to give away.The grandson has had a couple various attorneys starting to do probate then withdrawal. One said the grandson wasn't truthful.
The question is: Can we contest the will ourselves? We've been told already by a half dozen attorneys that it would be way too expensive for the value of the estate involved to have a attorney do this for us. Or can we just start probate and let the grandson bring up the will, then contest it in court?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Yes, if the estate is as you say it is, the will might look pretty ridiculous to the court and unless there is a reason to contest the will such as incapacity or undue influence, the court will probably take the percentages given to each beneficiary and apply it in that way minus any specific bequests of any specific property. To answer your question, yes it would probably be cheapest to let the court work out these problems and contest it if need be at probate. The grandson will have his hands full with this but it might be difficult if he shows up with an attorney. If the court does find that the will is invalid and a previous will is found not to have been revoked, that previous will will be recognized. Most likely if the will is Invalid, the estate will pass according to intestacy (state law).

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further questions?

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