Legal Question in Wills and Trusts in New Hampshire
Probate, Will
My father died April 17,2007. He had a will. He lived in New Hampshire. He left the estate to the woman he was living with not his legal wife but in New Hampshire they have common law. I wanted to know being his daughter and heir can I contest the will. He had properties in New Hampshire and Florida which were solely in his name
3 Answers from Attorneys
Re: Probate, Will
The will contest would take place where the decedent was domiciled, in this case, New Hampshire. The real property in Florida would pass according to the law of Florida, which may be different from that of New Hampshire. Our office has experience with estate assets in different jurisdictions, and can assist you with the Florida portion of the estate.
Re: Probate, Will
Any person, and especially a lineal heir may challenge a will. Your chance of success depends on a wide range of factors, too many to treat in an email. The estate would be probated in the state in which the decedent died, but the property in Florida would be subject to an ancillary administration here. You may contact me directly for more information.
Re: Probate, Will
Under New Hampshire law a spouse can not be disinherited. I would want to see the will and know the family structure. The entire will may be challenged based upon the facts you present. The wife has standing to contest the will. I do not know what provisions or mention of you was made by your father in his will. Children can be disinherited through the terms of a will.
You should hire an attorney to review all the facts and circumstances.
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Probate laws does a will have to go through probate in NH Asked 5/14/07, 6:30 pm in United States New Hampshire Probate, Trusts, Wills & Estates