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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33703
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am trying to help my husband after just losing his dad to

Customer Question

I am trying to help my husband after just losing his dad to cancer. My father in law appointed his nephew as PR and that is also the person who wrote his will. the final Will was written and signed a month before my father in law passed. There was one major change in the final will which states that Wife( 2nd) will get all the money from the money from the illness he died from. the other major problem is that when FIL nephew wrote will stating that my husband inherit the house he didnt inform my fathe in law that if his @nd wifes name was on the deed Tenants of entirity that that would not matter iff he wanted my husband to have his house....even though days before his death he kept reassuring us that even though his wife wanted everything she wouldnt get his house. My father in law had already bought her a house of her choice and they had not been residing together for over 2 years. Would like to know if there is any chance of getting the last will voided so that the money that she ( 2nd wife) is sueing for is divided amoungst her and his five children from a first marriage of twenty five years. Any hope for an outcome that wont cost thousands of dollars and the last concern is that there is a no contest clause in the last article of the will of the misc section. Working to make sense of a unfair situation. Thank you for your input!
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Oregon
JA: What documents or supporting evidence do you have?
Customer: The last will and the one prior to the one sighned on the 7-15-16
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband was named second in line as PR and feels that there is a real conflict of interest as PR and the PR has been dealing with @nd wife as she works withe probate lawyer and continues to sue. Thank you!
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 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.

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Was father in law (FIL) mentally competent when he signed the will?

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Was he under any heavy medication that might have made him medically incompetent?.

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If everything was left to the 2nd wife, what is she suing about?

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thanks

Barrister

Customer: replied 2 months ago.
FIL was in hospital bed at end wife house with regular morphine. He was clearly medicated and not of sound mind in my opinion. She is still working on more mesothelioma suits. Did I state that clearly.
Customer: replied 2 months ago.
He was moved to her house July 4and the final will was signed July 15. Prior to July 4 he had been going from his house 4 or 5 days per week and back with her. Family members visited and took meals to him when he was at his own house.
Expert:  Barrister replied 2 months ago.

Ok, you are referring to a wrongful death lawsuit.. I understand now.. And it sounds like the estate may be suing as well as the wife suing personally for herself against the defendant...

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To be very honest with you, if he was heavily medicated, then the will could be challenged as being invalid due to him being medically incompetent if his doctors would testify that he was so heavily sedated that he likely couldn't understand what he was signing.. If it has an anti contest clause, then if the will gets thrown out, then so does that clause.. So if the person challenging it doesn't get anything in the will, then they have nothing to lose by challenging it, other than the cost of doing so.

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But that is what is going to be a factor here.. No attorney is going to take this type of case for under $5K up front as a retainer and the costs could end up being $15-20K pretty easily with hiring medical experts to testify. And if the doctors or medical experts that were hired won't testify that he was "medically incompetent" then the case is over..

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So in this situation, if your husband doesn't get anything because the house was a "tenancy by the entirety" deed, then the only thing has to potentially lose is the money that he would spend on hiring an attorney to contest the will..

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thanks

Barrister

Customer: replied 2 months ago.
Thanks for your time .
Sincerely, julie
Expert:  Barrister replied 2 months ago.

You are very welcome. Happy to help any time, even though the news is kind of lousy...

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All the best to you and yours.

Barrister

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