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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 57372
Experience:  Licensed attorney helping individuals and businesses.
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I will try to be as short with this as possible. My father

Customer Question

I will try to be as short with this as possible. My father died when I was 7-he had a will, actually two wills, but one written in May, 2001 when he was diagnosed with Cancer and the second one three days before he died. He only left me the forced portion of his Estate-25%-I'm his only child. He was divorced from my mother at the time and was remarried. He had only been re-married less than a year when he died. The second Will was pretty much the same as the first, except he gave his wife-usufruct for a lifetime over my forced portion. It did state in the Will that my forced portion was to be put in Trust until I was 25. I'm 23 now. I have no contact with my step-mother and haven't since my dad passed away. I tried to reach out to her on several occasions and she refused to speak to me. She block me from Facebook and various all things. She actually did this when I was still a minor (16). She remarried 8 months after my dad died and sold all of his belongings including his home, which was separate property when they married, about a year and a half after he passed away. In all of the paperwork I have it states that my forced portion was $1044.00, which is a joke. I also noticed in the paperwork a time line of things she did with the house and the mortgage that was on the house. Shortly after he passed she combined a first and second mortgage on the house. The first mortgage was $57,000 and the second was $12,000. She combined them and took an additional $25,000 out of the equity. So she took a mortgage out of $95,000 for upgrades and repairs to the house. She did do some updating, but her new husband at the time did the work, so she didn't have to pay for labor only material. She pocketed the rest of the money. Then a few months later she sold the house for $125,000 to her brother. The $125,000 is what is listed in the cash sale paperwork, but she indicated in the motion to sell the house she was selling it for $115,000. By the way she was listed as my Tutrix in my Dad's Will. I think he was over medicated because her and I weren't really close. I think she manipulated my Dad when he was really sick and he depended on her to take care of him. My step-mother also only listed my dad as owning $350.00 of personal affects. He was 38 when he died, he owned his own home and he loved building race cars and he had a boat, plus furniture, jewelry, etc. So his personal affects were way more than that. In the court paperwork I have I don't see an appraisal of the home and there isn't a detail list of his things. There is no accounting of how she came up with $1044.00. Just from the figures that I'm seeing regarding the house my portion of that would be around $7500.00 just using the $125,000 she sold the house for minus the mortgage of $95,000. I'm not even sure if she was legally married to my dad because they got married out of the country and I don't see where they obtained a marriage license in Louisiana. Now that I'm older is there anything I can do to contest this?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

A will can be contested on basis of fraud, duress, lack of capacity. It normally would be challenged in surrogate court by an estate lawyer when the will is submitted for probate.

Expert:  Infolawyer replied 1 year ago.

Can I clarify or address anything else about this issue for you?

Expert:  Infolawyer replied 1 year ago.

Please click on a positive rating.