Has anyone contested a Will and WON????

by cha ching 26 Replies latest watchtower scandals

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  cha ching

  My JW mom just died last week, about 6 1/2 months after my NON JW dad died (dehydration, starvation, IMO) I was the executor of THAT will.

  Before a month had passed of his death, my dad & mom's will was changed. I didn't know until she died. I and my sires are disinherited, my sister (never a baptized JW, but a believer and goer, now POMO as I am) was also disinhereted.

  My "little sister" and her husband are in charge of all the assets, and my other sister (a JW) & brother (never a JW) are SUPPOSE to get part of this.

  My sister is vengeful and mean. She was the last one on earth to help clean up my mom's house when they were going to be evicted because of my dad's hoarding.

  My disfellowshiped ex-Elder husband apostate and I (never disfellowshipped) and my sister spent a year-and-a-half of our lives keeping them in their house.

  I am so sad at heart as my sister could really use the money. She was always thoughtful, always helping them.

  This Will is written like none I have ever seen. It says my sister can give gifts, spend it on whatever she wants, pay herself for working Etc. I even wonder if the Watchtower has helped made this will.

  Has anyone challenged a will and won?
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  Biahi

  Speak to a lawyer-today.
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  mickbobcat

  Find a good lawyer in this field and have him look at the will and circumstances. There may be a way to take it to court and gum it up at least to make your sister just be fair and avoid the court and time and money. Do it fast or you risk everything.
  
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  Vanderhoven7

  If the WTS helped make the will, they would be the main if not the sole beneficiary. You do not say if you are in the will. If so consider yourself fortunate. If not, and it is a notarized document, don't bother trying to contest it unless it was clear that your mom was incompetent at the time the new will was made.

  Executors are usually given liberty to pay themselves for services rendered and often take between 3-5 percent of the estate. They are also often given liberty to distribute movables as desired unless recipients are specified in the will and sell or liquidate immovables which become part of the estate funds.

  Your sister, if executor, has full rights to handle the estate within the parameters that wills in your state provide. My suggestion is to work with her unless she does something that represents a breach of her mandate as executor.

  BTW, if you are named as a beneficiary in the will, the executor is required to provide you with a copy thereof. If not, you are not entitled to anything. Good luck.
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  pistolpete

  I know someone that challenged a will and won. What was at stake was some 3 million dollars in money, home, and rental property. The lawyers battled it our for about 2 years. At this point the lawyer's bills had dug into the assets by about 40%. The parties realized that if they kept fighting there would be nothing left. So the jws that changed the will secretly gave in and decided to divide the assets equally.

  The question to ask is, if you fight it, is who will pay the lawyer's bill??? Regardless if you win or lose.
  
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  JeffT

  Is this will witnessed and notarized? If not, or if you can prove your mother wasn't competent, it may be invalid. I repeat the advice given above: see an attorney. If you are in Washington State (or even if you aren't, but you are in the US) I may be able to help you find one. PM me if you want, I'm not a lawyer, but I am a retired accountant. I have some experience in these things.
  
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  Incognito

  Further to JeffT's comments, the 3rd reason to Contest is proof that your mother was unduly influenced (threatened/forced) into making someone a beneficiary that she otherwise would not name or leave the same proportion of her estate to.

  Suspecting something occuring is not the same as proving.
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  Dagney

  I'm involved in a lawsuit right now. As stated, you would have to prove your mother was not of sound mind and coerced into making the new will. There are laws against that and it is called elder abuse. If the congregation was involved in the coercion, that is an additional factor.

  Get all the facts together the best of your ability, and make a list of questions. Ask around for a recommendation of a good estate attorney, be careful of those that work pro bono as they usually take a healthy percentage of an estate. Make sure the attorney you use is clear about the anticipated costs, court etc., and state their hourly fees.

  Also, taking legal steps will force your JW siblings to also retain counsel which is costly. The goal is mediation which is less costly than court for both sides. It may cost $1-2K to file a protest to the will, but if your JW siblings see you are serious, and they may have to prove in a court of law why they had your mother change her will, they may seek to settle.

  I didn't know any of this but asked around, got good advice, and luckily found an estate attorney. My case involves a black widow who really deserves a Dateline episode.

  Good luck.
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  Dagney

  Oh wait, lol. Message or call me cha ching. I didn't notice it was you that started the thread!
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  cha ching

  Thank you all so much for your comments and advice. I suppose I am listed in the will, as I am disinherited. and so is my other sister. I will speak to a lawyer, asap. Thank you!