You: My sister moved in with my 90 something parents a while back. Then my Dad died and Mum was said to have signed a POA over to my sister and I got left out of my Dad's will despite him verbally promising me half years before over a Sunday lunch. It looks like my sister slandered me very very very badly to them both while having moved in again late in life. She has since that time tried to evict me from my family owned flat twice. Is there any legal law avenue I can pursue against anyone please? Presently if my Mum dies I could end up homeless. I was born in the North American Free Trade Area.
Today, 6:28 PM
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Oh I am so very sorry; so you are asking if you can challenge the will based on a sibling stating lies and causing the disinheritance please?
Today, 7:11 PM
I guess so yes. She reported me to a mental health nurse too. No conviction though thank goodness.
Today, 7:14 PM
Thank you; unfortunately it is very difficult to challenge a will. One would have to prove the person was not of sound mind or was very vulnerable and unable to make their own decisions and was unduly manipulated by a person of trust.
If so one can challenge the will and if successful the property would pass via a prior will or via the laws of the state.
When a party dies without a will, this is called "intestate" and the property passes via the laws of intestate succession, in most instances. Exceptions to this would include the following:
property held in joint tenancy with right of survivorship;
pay on death/transfer on death bank and brokerage accounts;
life insurance proceeds payable to a beneficiary.
In those instances, the property passes by operation of law to the named individual.
For other property not addressed in a will, the property passes according to the statutory "next of kin" as detailed in the relevant intestate succession statute.
If that is the case you would want an
ESTATE LITIGATION attorney to help.
Unfortunately we cannot provide specific referrals. However you can contact the state bar and they can provide a referral. You can also try the online directories such as avvo and martindale as they have client and peer reviews.
I will include some tips below as well on hiring an attorney.
Here is an article from the American Bar Association on how to hire an attorney, as well as a link to their referral program;
Many people find that useful.
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Today, 7:15 PM
No further questions. Thank you.
Today, 7:15 PM
Thank you and please take care.
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