Court Fights Outside Probate

Even if you find a will admitted to probate for your person of interest, consider looking for separate court action regarding their estate. In some locations these court proceedings may be with the probate materials. In others they may not.

Heirs and those mentioned in the will may not always get along.

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2 thoughts on “Court Fights Outside Probate

  1. Georgea Sharkey

    Case in point for me: My Ancestor was mortally wounded by Indians in the late 1700’s and on his death bed dictated his will with family around him. The estate was divided between the 5 daughters and 5 sons in that will as well as the wife. The wife was pregnant with an 11 child, a daughter, and some 20 years later the will was taken to court by that daughter and her husband and contested. Things are never straight forward it seems.

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    1. michaeljohnneill Post author

      No they are not. I saw a will from the early 1900s in Iowa where the husband gave his entire estate to his second wife (and her heirs) in his will. Problem was that she died before him (they had no children and she had none previous to the marriage either) and that will was still valid and admitted to probate by the lawyer after the husband subsequently died. The children with his first wife fought the will and had it set aside.

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