Q: What can I do if I was falsely claimed deceased in my mother's will?

A: When was the estate opened? When did you become aware there was an estate opened? When was the estate closed? 2018 is 7 years ago. If the estate is now closed for several years, and if you knew that your mother had passed away and that an estate was opened before the estate closed, then you have waited too long to be able to reopen the estate to challenge the will. If you only recently discovered your mother has passed, and that an estate was opened, then the question of fraud arises if you canprove that the granddaughter knew you were alive, or if she did not now whether you were alive or not, had no evidence that you had died and lied about that fact to avoid having to notify you of the estate being opened. However, even if you can establish fraud on the part of the granddaughter regarding her misrepresentation to the probate court that you were deceased, and even if the estate were to be reopened in order to grant you the right to challenge the will, you would still have to prove that your mother's will is invalid on account that she either lacked testamentary capacity to make the will, or was under undue influence of someone when the will was made, or that the will is a forgery. It is one thing to allege such a thing; quite another to actually prove it, especially after so much time has passed.

A: Unfortunately, I cannot give you an answer because this is outside of my area of expertise. I concentrate in personal injury law. Your question concerns estates and trusts. I recommend that you contact a lawyer who concentrates in estates and trusts.

Good luck!

Vadim

A: If the Will was probated in 2018, you might be too late, but there is a chance that notice was improper or there is some other excuse for delaying seven years after her death to notice her absence. Then, it will be important to examine the Will and the facts. If your mother's intent was to disinherit you, she could do that in her Will. If not, an argument might be made that you are the equivalent of either a pretermitted child or are the victim on a fraud. The claim would be quite fact dependent. I suggest you review the facts and the Will with a lawyer experienced in probate and licensed in the jurisdiction where the Will was probated.

A: If your mother’s will falsely claims that you are deceased and this has led to you being excluded from the estate, you may have legal grounds to challenge the probate. The first step would be to gather any evidence that proves you were alive at the time of your mother's passing. This could include documents, communications, or any proof of your relationship with your mother that contradicts the will's false statement.

You may want to file a petition with the probate court to reopen the estate. This will require showing that there was a mistake or fraud in the will, which could involve proving that the claim of your death was fabricated. If successful, the court may allow the estate to be re-administered and could potentially award you a portion of the inheritance.

Additionally, the granddaughter may be subject to legal consequences for fraud if she intentionally made false statements or participated in the wrongful action. Consult with an attorney to discuss your case in detail, explore options for challenging the will, and determine the best way to proceed to recover your rightful share of the estate.