Legal Question in Wills and Trusts in West Virginia
Something smells fishy
I just found out about my grandfather's death. His living relaives include his brother, neice, son (who is specifically excluded in the will), my sister, and myself. None of us were included in his will. He left his estate, late wife's jewelry, furniture, automobiles, and $20,000 to his nurse of 2 years. The rest of his assets were disbursed to a church, a clinic, and another man. Me and my sister were not contacted about his death and of course not present for the reading of the will. Is there an obligation for the attorney to have contacted us? Also, I am now wondering if the will is even valid. It was not signed by an attorney or submitted to court. It is signed by a notary and 2 witnesses. Bottom line is: can my sister and I contest this will?
2 Answers from Attorneys
Re: Something smells fishy
You could however, unless you could prove undue influence or lack of mental capacity, I doubt you would be successful. The other areas you mention have no bearing.
Re: Something smells fishy
This is the classic scenario under which a will is contested in court. It does not mean that it would be a successful contest...
If you think you can prove fraud, undue influence on the part of the nurse, or absence of mental capacity to make a will, you should try. I recommend consulting an attorney. He or she will be able to tell you whether the facts you have are enough to pursue an action.
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