Under what conditions can a Will be contested?

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Under what conditions can a Will be contested?

My great uncle left his estate to my family. My dad, his sister and his brother. My dad died 12 years ago and we have always been told that as his children we would inherit his portion of the estate. My dad’s sister was the executor and we did not get anything. Have we been excluded from the Will? Do we have a right to contest this?

Asked on July 18, 2013 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen.  Please go and speak with an attorney as soon as possible.  If there were a Will naming your Dad and it were probated then you most likely would have received a copy and notice being the heirs to his estate.  WHat matters here on distribution is how the WIll was worded. If there were no Will then the intestacy statute would apply.  Notice would most likely have to have been given then too.  But the time to contest Probate is very short once notice is given so please seek help. If your Aunt did something wrong then you could have grounds.  You just have to have "standing" - the right under the law - to contest.  It is a bit too complicated to go in to all of it here.  Good luck.


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