My rights in a closed succession being reopened due to finding of add'l asset

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    • #3861

      Undue influence by my brother, the executor, in my mother’s will. She had lung cancer & was delusional at times. He came in the month before she died and took total control of her care taking. She was in Hospice and he disenrolled her from that and hired a non-medical professional private caretaker who answered Only & directly to him. He isolated her from the rest of the family, myself and her 97 yr old mother also. She had been sick for over a year and a half. There was a will on her computer completely halving all properties, accounts, & possessions between myself and my brother. He took her into a high school & college friend, an attorney, within 2 weeks prior to her death. She signed over 95% of all assets in the estate to him. His attorney expedited and without any notifications, signatures, or waiver of complete accounting by me during the complete process, closed the Succession. Due to new property which has been discovered the will is being reopened. I would like to know my options and receive some much needed advice & expertise on the situation. Thank you for your time and attention to this inquiry.

    • #3862

      First and foremost, you need to have the Clerk of Court shoot you a copy of all the paperwork in the succession file. It is a public record and you can just go look at the file and have them make the copies of the relevant paperwork.

      Then you need to go ASAP to a lawyer. You need to fill in all the details of what happened and let the lawyer review the paperwork you copied.

      There are strict time limits to contesting a will -which is where this could be going. That is a decision you and your lawyer will have to make.

      When a succession is re-opened to add additional property it usually closed again at the same time. Contesting the validity of the original will will require that the succession be re-opened once again -unless, and this is a big unless, the time limit for re-opening for the purpose of objecting to the will has passed.

      You can re-open a succession at any time for the purpose of adding additional property that was overlooked. I’ve done it even 30 years afterwards. That is not the case for contesting.

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