What are my next steps if i want to contest my father’s Will?

UPDATED: Oct 20, 2014

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What are my next steps if i want to contest my father’s Will?

My father passed away 5 months ago. My brother, who is trustee, has stated that my father did not want me to receive any value from his estate. I looked at the county records and the estate was not submitted for probate. I do not know if there is/was a Will. If there was a Will, and I am cited as not to receive any estate benefits, can that be challenged? I cannot get my brother to return any telephone calls. The value of my father’s estate is approximately 1M. The house is already sold to a developer last month.

Asked on October 20, 2014 under Estate Planning, Virginia


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

Answered 8 years ago | Contributor

Please, please get help from a lawyer asap.  As an heir at law you should have received a copy of the Will and in many states that carries over to a Trust document, even if you are not a beneficiary of  the Trust. You may also have certain rights to contest the Trust if say you believe your Father was unduly influenced in writing it.  Act quickly.  Good luck.

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