Phase two of Probate a la PRO SE--Help!

[Rnay]

Okay, we got the probate filed and the other (disgruntled disinherited) sibs are contesting it. Big surprise, huh. And along with claiming their mother was psychotic, suffered insane delusions, hooked on prescription drugs etc., they are claiming that my husband and I exerted "undue influence" or duress toward her. And while the fact exists we were not IN the state at all the year she did her will (over 1500 miles away), they are claiming we held a "fiduciary" or "confidential" relationship with her. While I am accessing some very general data on internet sites, I am having trouble finding case law examples or expanded discussion of these terms. With my particular education, I know how to rebut the accusations pertaining to mental health. And we don't have a law school anywhere near.

Please don't blow this question off by just telling us to get an attorney. If we could, we would have already done so. We must do the best we can on our own.

 

[lwpat]

Go to the judicial website for your unnamed state and search for "undue influence". You will probably find several cases. You can go to the clerk of court and get a copy of the file and modle your answer after their. You will need to line up witnesses, etc. Very difficult road considering you are unable to find this information on your own.

I am assuming that you are the executor. You can hire an attorney for the estate to handle the situation and pay him out of the estate.

 

[Rnay]

Thanks so much for the reply, lwpat. We can't pay a lawyer from the estate because the real property in question is oil and mineral rights and the oil company that plans to eventually lease the property will not cooperate with us in providing any kind of estimate of the property's worth (they are siding with the disinherited side at present). And all personal property of the decedent was already taken by the disinherited sibs. (Something we may decide to remedy once we win this case). So while we know the oil rights are very valuable... right now they have no monetary value assessed. And of course we are poor as the proverbial church mice. Along with having already contacted the witnesses who signed the affidavit attached to the will, we have written testimony from a doctor who treated the decedent and states she did possess testamentary capacity at the time she executed her will. We have letters written by the decedent at around the time she executed the will also. Coherent, insightful letters that give plenty of rationale for why she disinherited the sibs. The only reason they appear able to give for declaring her insane is that they disagree with her choice of distributees...


PS Sorry. I am from WI, the case is in WA. Somehow that must have gotten deleted from the original post.

 

[lwpat]

It is going to be very difficult to represent yourself. You failed to give the information on the personal representative. You need to timely file an answer with the court.

 

[Rnay]

Sorry again, lwpat, for again omitting needed info. My husband is (at present) the PR and has Letters Testamentary. We were preparing the ancillary probate for the state where the real property exists when at the last minute his sibs came with their will contest. So away we go.

Since I last posted to you, I was able to find some helpful info including applicable case law. But yes, I agree that it is going to be very difficult to represent ourselves. It already has been. We do have a lawyer who is giving us a little advice when we get completely baffled, on a pro bono basis. (When we win the case--crossing fingers--we do plan to do something in the way of financial acknowledgement/compensation for him.)

A court date has not been set as of this point. The other side has apparently filed an amended petition but have not served us yet, so we are awaiting that while we draft our response to what we have now so we can file it in a timely manner.