What are my rights as a daughter to contest a Will?

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What are my rights as a daughter to contest a Will?

My father died last year. My sister and I were trying to forgive him and get him back into our lives. We were not called when he died. I found out a month later even though my half brother has me on FB and they all have my phone number. I tried to find out about his estate and was told there was nothing. I knew better. I found out today when I called the clerk of court, that there was a Will filed. I was never told about this. I also know my fathers fiancé has a list of charges for obtaining property by false pretenses. What steps do I need to take?

Asked on April 27, 2012 under Estate Planning, North Carolina

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  I think that ultimately you will ned to seek help from an attorney.  There is a time frame for centesting a Will but it has to do with notification of the intent to probate.  If you were not notified and you should have been then you may be able to do so now.  You have to have "standing" to contest a Will and I believe that you as a daughter do indeed.  Now, you can view the Will - it is a public record once filed- so you should go and get a copy of the probate file and take it to an attorney to review. Good luck.  


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