Legal Question in Wills and Trusts in Maine
Fighting of a last will and testament
What is the duty of a executor of a will and how long does he or she have after the death of a family member to notify a benefacary. Are all benefacaries to be at the reading of a will? If you do not agree with a will once you have been notified (if notified) how long to you have to contest it.
If wanting to contest a will who does one contact or the first step in contesting a will, and If a father't home is left to a nephew instead of siblings as they are step siblings and thier father dies first and his second wife not the mother of his children...leave his house to a nephew. can this be fought legally or is it a waste of time. their are so many other things involved here making it very hard to write.
1 Answer from Attorneys
Re: Fighting of a last will and testament
Your questions are numerous regarding the probate situation, and I think that you will be best served by contacting an attorney to review a copy of the actual Will and discuss the circumstances surrounding its execution and the subsequent actions or inaction of the personal representative. I can be reached at 207-767-4824 if you wish to contact me.
However, with respect to some of your questions, the personal representative has the obligation to settle the estate in a reasonable manner in accordance with the Probate Rules.The PR must file the Will with the Court and seek appointment, must prepare an inventory for the Court of the estate asets and must notify all interested parties of the PR's involvement. A Will may be filed for informal probate up to 3 years after death.
The grounds for contesting a Will must be more than a disappointment with the Will's provisions, or even that the Will is perceived to be unfair. Rather, the Will needs to have been invalidated by improper execution, subsequent revocation, or is the product of an unsound mind or undue influence. These are technical gounds that should be reviewed with an attorney.
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