My grandmother was the daughter of a rich businessman but he forced her to eloped with my grandfather after her mother died, he remarried and was going to marry her off to one of his business colleagues as an 18 year old. After remarrying he cut his daughter out of his will we think at the urging of his new wife. I spoke to his grandson from his second wife, and he said he lived in the same village as the properties left in my g grandfather's will. As soon as I mentioned this this grandson stopped communicating with me. His suspicious behaviour suggests he was frightened. I thought there was probably some statute of limitations, but I'd love to know if wills dating back over 50 years can be challenged.
Foofa2021-04-07T21:10:14Z
It's likely your only hope in a case like this would be to prove some sort of coercion on the part of your great grandfather's second wife, which would be pretty tough to do all these many years later. Bet this half cousin of yours doesn't want to talk to you because he fears you'll drag this into court and make him waste money on legal fees. IMHO you don't have much of a case here. It's not unusual even now and certainly wasn't back then for parents to "disown" their children when they were displeased with their behavior. Unless he was forced or wasn't of sound mind he was completely within his rights to disinherit this daughter who went against his will and eloped.
any ambulance chasing attorney will be happy to take your case.....for a fee.
Win lose or draw, he still gets his fee.
Most charge just for a 10 minute consultation, just to see if you even have a case.
From what I know of wills, there is a certain time period to challenge a will, and once that period passes, there is nothing to stop the allotment of assets based on the last legal will. 50 years is surely well past any reasonable claim to challenge.
Even if you came up with extraordinary damning new evidence.....the matter is probably legally closed, with no way to overturn the decision.
But if you care to try.......be prepared to hear the same thing from a lawyer.
The issue is not when it was written. It is when it was admitted to probate.
Until your grandfather died, he had the legal right to change his will. As such, no will is really official until after a person dies and his will is admitted to probate.
When the will is presented, the probate court will review the will and decide if it is facially valid (i.e. is properly executed and witnessed). At that point, it is tentatively admitted to probate and the time starts for filing a will contest. While the exact time frame differs from state to state, a will contest must be filed before the time expires.
You will need to consult with a probate lawyer in the state in which your grandfather lived to see if it is still possible to challenge the will. From what you are saying, I am doubtful that you are still within the time frame, but, if your grandfather just died, you would be within the time. However, there are some specific requirements for a will contest, and your question does not include sufficient details to determine if you have a valid basis for challenging the will.
Difficult - very difficult given the time that has elapsed. And you will need more than suspicions about the grandsons actions. Best to hire a lawyer but that will cost you money.