Should I contest my mother’s Will?

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jester787

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I am an only child and my mother passed a couple weeks ago. I obtained a copy of the will and it specially states I am to receive nothing.
Everything is to be put into a trust that will go to my children when they turn 25. I don't have a problem with that because in the end I would have kept everything for them anyway.
What I do have a problem with is that the Will gives all control for a cousin that I do not trust one single bit.

Here is the back story to fill in. I was divorced 4 years ago because it came to light that my then wife had taken money from my mother and myself.
While everything was happening a cousin of ours that happens to be a lawyer blamed me for what happened and took it upon himself to turn my mother against me.
In the years since that happened my mother realized that what took place was not my fault but despite her request that a new will be made my cousin kept delaying having it done until it was too late.
He created a will that specifically states that I am to receive nothing from my mother's estate and that everything should be put into a trust for my 4 children.
I'm ok with everything going to me kids because everything I do is for them anyway. What I have a problem with is this person now telling me I cannot set foot in my childhood home.
I did anyway because I have all the keys to the house and its full of my things (children's toys and personal affects). I don't think its fair for a person that is not directly related (im an only child) because he is married to the daughter of my cousin who has been named the executor of the estate. I don't trust these individuals to act in my children's best interest for the next 20+ years given the fact that they will never see my kids and will in effect be working for people whom will never know their names. What's to prevent them from not depositing the full amount of rent they will be charging for renting out my mother's house?

Also the funeral home is sending me two copies of the death certificate and my cousin has requested that I send him one, I don't see any reason I should aid a person that is clearly out to harm me.
Am I in any way obliged to give that to him? I paid for two copies not anyone else.


I also noticed an error in his filing of the will with the courts he did not get the date she died correct, in every location it asked for the date he said she died in Feb and not last month when she actualy died. Does that in some way invalidate the will? At no time did he get the date right, and based off of his date it puts it way past the 10 days required for it to be filled.
 
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The will has yet to be probated.

If the terms of the will distress you, hire a lawyer.

Or, at least talk to a couple in your county.

The initial conversations are provided at no charge.

Ask plenty of questions and take notes.

No, you need not send him a copy of the death certificate.

But, what does it cost you to play nice?
 
My issue with hiring a lawyer is that I'm in the final days of buying a home so I have most of my money tied up in closing costs and all that is involved. My current wife is upset because she does not have the emotional attachment to my old home that I do. To her this is a potential expenditure with no guaranteed return. Do I need a lawyer or can I simply show up and try and handle it myself?
 
The first meeting with most lawyers is free.

I have no idea if you're capable of doing this solo.
 
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