QUESTION
Is it difficult to contest a will? What do I need to do?
Asked on Jul 09th, 2012 on Wills and Probate - Nevada
More details to this question:
My grandmother passed away July 3, 2011. In her will see left her daughter my aunt 1/2 and her son my uncle 1/2. She had 3 sons, including my dad, who passed some years before. Leaving 12 grandchildren of her deceased sons. Before my uncles & my dad passed each was included in the will. Some of us feel we should be entitled to our fathers half and they divided among us. I live in Nevada my grandmother lived in Iowa as to cousins.
1 ANSWER
If your grandmom passed in Iowa, then the probate laws of Iowa will apply. You might ask this question posting it under Iowa instead of Nevada. But generally there are two ways a person can pass their estate - one is to a specific person; the other is to a specific person by representation. The latter means that if the specific person passes, the heirs of that person inherit. In other words, if your grandmom left her estate to be equally divided among all of her children by right of representation, the grandchildren of the deceased children would divide that child's share. But if your grandmother left her estate to be divided equally among her surviving children, only those children surviving would receive. But again, you need to reach out to an Iowa probate attorney to see what the laws are in that state and also what the grounds are to contest a will.
Answered on Aug 13th, 2012 at 3:48 PM