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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33190
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Father just passed away in Dothan Alabama. I am the only biologolical

Customer Question

Father just passed away in Dothan Alabama. I am the only biologolical child. Today executed told me that 2 years ago she was given power of attorney over by fathers estate. She told me that she a step grandchild and another step grandson was given everything. I only want some personal items of my fathers and 50 percent of his home at time of death. Do I have a write to contest will?
Angela Walkup (###) ###-####
Submitted: 6 months ago.
Category: Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..A power of attorney expires upon the grantor's death. So any POA doesn't have any power now. If father had a will drafted where he left his entire estate to someone, then you would have to have a legal ground to contest the will. The typical grounds to contest a will are fraud, duress, mistake, or mental incompetency. Unfairness is not a legal ground that someone could successfully contest a will under..But if you could prove a legal ground, such as father was medically or legally incompetent, according to any doctors he might have had, at the time he signed the will, then that can give you legal grounds to contest it and have it thrown out..So yes, you have a legal right to contest the will as long as you have some legitimate grounds to do so. .thanksBarrister

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