my mother died in 1991,when we went to the probate office we were told that because my mother had died without a will that my brother and I were to get a fourth of the estate.my father would not agree with this and had us sign a paper giving up our rights he said we would grt it when he died.he died last year and left everything to the woman he was living with.do my brother and I have any claim now? thank you
1 Answer from Attorneys
If your father had a valid will which was probated that did not provide for you and your brother it would most likely be upheld in court. One can contest a will if there is a contention of undue influence over your father. These are difficult cases to prove. There are also statute of limitation issues in contesing a will. You may be barred by this limitation. You should consult with an attorney to see if it is worth the trouble and expense or even possible to contest the will.