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Thread: Estate law

  1. #1
    oklagp1200r's Avatar
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    Estate law


    i need to know if i can talk to somebody with knowledge over estate law. Because i am in the middle of a legal battle with my wicked stepmother over my dads wills. Yes there are two wills one leaving me everything and of course the other to her. So can someone please help me out here!!!!!!!!



    Thanks kerry


  2. #2
    YoYamma's Avatar
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    Bro, I wish I could help you but you probably should go ahead and talk to an attorney in your state who specializes in this kind of thing. Most of them will give you a free consultation and you want to make sure you're getting sound advice. If you already have an attorney then it may be time for a second opinion. Sounds like a nasty situation.

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    oklagp1200r's Avatar
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    Yes it's bad! After the death of my Dad in 2010 now having to go thru this crap now!

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    83Gator's Avatar
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    It's going to costs, but you need to sit down w/an attorney that specializes in that market (estate planning) in YOUR state. Good luck.

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    oklagp1200r's Avatar
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    Yes I have a attorney but just need a second opInion on somethings! Thanks guys for the best wishes tho!

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    Here's my 2 cents; which Will is dated closest to your Dad's date of death? That Will takes precedence over all preceding Wills(there should actually be a "testament" in the Will itself that "This Will negates all previous Wills"). However, it can still be challenged(if the newest Will left everything to your Step Mom), on several grounds. One would depend on how soon before death the Will was changed. It could be argued your Dad was not of "sound mind" when he changed the Will.
    It can still be challenged on other grounds as well-get an Attorney that specializes in Estate Law. The law is pretty clear, and there is abundant case precedence to go by, so it's not terribly difficult.

    Usually, when a Will like this is challenged, a settlement is reached outside of court between the two parties.
    Best of luck.

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    shhr's Avatar
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    ok good info above but the big question is who has the stuff??

    like is the property now in her name?
    Has she cashed out the retirment plans?

    basically does she have all the stuff and you are trying to get it back? or do you have the stuff and she is trying to get it??

  8. #8
    oklagp1200r's Avatar
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    thanks for the reply. the current will was done in july 2010 by the same attorney that drew up the previous will. my dads attorney established that my dad was of sound mind before she would rewrite his will. my dad was placed in a va home in janurary of 2010 by his doctor under the assumption that he had aizheimers. both of his va doctors have testified that he did not have aizheimers. so this is the reason why my step mother is contesting the new will on the grounds of the doctor that put him in the va of aizheimers. dad past away nov. 13th of 2010. the current will leaves everything to me.

  9. #9
    oklagp1200r's Avatar
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    Quote Originally Posted by shhr View Post
    ok good info above but the big question is who has the stuff??

    like is the property now in her name?
    Has she cashed out the retirment plans?

    basically does she have all the stuff and you are trying to get it back? or do you have the stuff and she is trying to get it??


    she is living in the house so she has all personal property and the vehicles. everything was in my dads name ( house and credit cards and etc.).. retirement plan dont know if he had one dont think so he was a 30 year army vet. and a 20 year employee of state of oklahoma. life insurance policies were willed to me also. thanks for ur reply.

  10. #10
    oklagp1200r's Avatar
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    Quote Originally Posted by iflyems View Post
    Here's my 2 cents; which Will is dated closest to your Dad's date of death? That Will takes precedence over all preceding Wills(there should actually be a "testament" in the Will itself that "This Will negates all previous Wills"). However, it can still be challenged(if the newest Will left everything to your Step Mom), on several grounds. One would depend on how soon before death the Will was changed. It could be argued your Dad was not of "sound mind" when he changed the Will.
    It can still be challenged on other grounds as well-get an Attorney that specializes in Estate Law. The law is pretty clear, and there is abundant case precedence to go by, so it's not terribly difficult.

    Usually, when a Will like this is challenged, a settlement is reached outside of court between the two parties.
    Best of luck.

    thanks for the reply. the current will was done in july 2010 by the same attorney that drew up the previous will. my dads attorney established that my dad was of sound mind before she would rewrite his will. my dad was placed in a va home in janurary of 2010 by his doctor under the assumption that he had aizheimers. both of his va doctors have testified that he did not have aizheimers. so this is the reason why my step mother is contesting the new will on the grounds of the doctor that put him in the va of aizheimers. dad past away nov. 13th of 2010. the current will leaves everything to me.

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