Hayward, CA asked in Estate Planning and Probate for Arizona

Q: How do I file an objection to set aside administration? I question the validity of my dad's will.

He was sequestered from me by my brother, a new will was produced dated 6 days before he died of cancer, specifically excluding me and naming my brother sole beneficiary and I did not receive proper notice of the hearing. My other brother, though estranged, was not listed in the will as a survivor. The set aside is in Nevada

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2 Lawyer Answers

Peter H. Westby

  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.

Ben F Meek III agrees with this answer

Ben F Meek III

  • Estate Planning Lawyer
  • Oklahoma City, OK

A: There appears to be a strong possibility of fraud or undue influence in having your father sign the will. You will need a lawyer to contest it in the probate matter. There is also a strong possibility that the estranged son is a pretermitted heir, since your father failed to name him either as a beneficiary or to mention him but decline to provide anything for him. Contact an experienced probate lawyer in the state where the will is being probated for specific advice.

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