If there is a will leaving 5 equal amounts distributed,since 1 has passed away. Now 1 of the others is moving back into the deceased home and property after being vacant 3plus years. Do we contest the will?
2 Answers from Attorneys
Your question unfortunately is not very clear. You can only contest the will if the decedent's capacity is at issue or the decedent was unduly influeced in drafting his/her will and you must do so within 4 months of admitting the will to probate (unless no notice to beneficiaries of probate given). If the house was given to the remaining 4 and 1 is going to live there, he/she would owe fair market rent to the others.
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Your question did not provide enough information to give a precise answer, but you probably need to do something or you risk losing out on rights that you may have in the estate.