Is it Wrongful Conduct for My Mother to Fail to File My Father’s Will?

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“My father had a Last Will and Testament but my mother did not file it for probate after his death in 1999. This was not ignorance of the law on my mother’s part, but rather greed. Her non-filing of my father’s Will has caused a terrific amount of pain I can’t begin to describe. My attorney fees are pushing $20,000 and I’m being sued by my mother, my mother’s daughter from a previous marriage (legally adopted by my father), my only sister, my father’s daughter from his first marriage and my father’s son from his first marriage. His estate was not substantial but the conditions concerning his Will have been lost to the laws of intestate. My attorney has notified me of  a hearing for a motion to withdraw from the case, this is less than two months before the case goes to court. Is this wrongful conduct of my mother and the others for condoning her behavior, and is their anyone who can point me in the right direction?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It sounds like there is a significant dispute between the members of your family, which is always unfortunate after someone dies. However, it’s impossible for someone like me who is unaware of the underlying facts to say who is right and who is wrong (or even if anyone is right or wrong).

You were certainly correct to seek the advice of an attorney in this matter, and if your current attorney can’t represent you, I would ask why, and if appropriate try to find a new attorney who is willing and able to help.

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Author: House Attorney

A house attorney has answered this question.