need help with probate

What priority does list of heirs have over "will",new will was written by 88 year old who just lost her son.I was sole heir until neighbors who had never in 12 years stepped foot into house,latched on to elderly.
I had relocated but it took a month and during that time the neighbors made themselves very available to elderly (hospitalized 3 times that year).
Familyl was told if they wanted home videos they would have to be gotten at auction yet no mention of auction time or day.
In this matter how can family who is on list of heirs not get anything.
I had an attorney paid some money just for him to tell me his office did research but it would be hard to prove that she was manipulated.
I have solid facts,but was not given any actual documentation of the research.

Your posting was difficult to decipher--but I am not certain what you mean by "list of heirs". People are allowed, legally, to will their property to whomever they wish, related or not. Who was the deceased to you? Parent? Distant cousin? You decline to say. Also you do not say what her will entails. '

What did you pay an attorney to research? A will should be public record once it is filed. Also, the next of kin is always notified. For example, when my husband was killed last year at age 44, he had a will leaving everything to me, his wife of twenty years. However, the court still published in the newspaper and contacted everyone in our immediately family--his parents, our children, even minor aged ones---my four year old was served with papers from a process server notifying him of the sale of my late husbands property. So, if you are immediate family ( which it appears you are not ) you weren't notified of the sale of the deceased property. Now, if you are immediate family and were not notified, someone isn't following the law.

Also, being ill and having family "disappear" for whatever reason, work responsbilities, illness, etc. can make people who are elderly feel a sense of appreciation for those who "stick around" and help them and feel a sense of abandonment by those who do not. While this may not be fair, especially since family very well may have partcipated in her life in the past, the bottom line is unless she was forced against her will ( as opposed to simply changing her mind as a result of anger or resentment or even appreciation for those who were there with her in her final months ) there is nothing you can do.

You also do not state who is the executor of the estate. Whomever it is ( in my state, at least --and you don't state your location ) anyone can petition the court for information regarding the same. What do you mean, you have solid facts--solid facts about what? The only solid facts are what she left as an official document, in writing. Since you decline to offer more specific information, I am afraid that is as specific of an answer I can provide.

Grace, thank you for the reply,,,appologies for the latent reply just finished moving and had to get internet connected.
I'll try to be more specific,this has been so frustrating.My cousin(grandmother's sister's son) and only child became ill after 31 years as govt employee.
They were closer to me than my mother(father deceased),,,,family dynamics.
When my cousin discovered he was ill my great aunt called me and told me to call him he was in the hospital and it sounded serious(I work in the medical field).
I then got a travel assignment and we had talked on the phone every day until I actually got there and he was more serious than I thought.
He passed away after 3 weeks from my arrival,cancer everywhere no previous diagnosis.
One of the soild that I mentioned is a call the neighbors made to the police on the am of my cousin's passing.They tried to file a wrongful death against me.They were going with us to radiation treatments.They knew he had terminal cancer.
I found out the "charge" 2 months later from a berievement counseler's phone call. The hospice nurse chose to talk to the detective on my behalf without my consent or knowledge.
I had full power of attorney for both great aunt and cousin to include medical.
There is substantial money involved.
I did give ann attorney money,told him the above and after 4 or 5 months all they can tell me is it will be hard to prove that my 88 year old with heart problems plus her only son terminally ill was acting under duress.
My cousin's attorney is executor,he had to go to court and his comment to me at that time was he would be executor after he went to court and since he had no opposition he would have no problem being named executor.
Now I know a little different.
Thank you for your time and sorry to hear of your loss.

Glad to hear back from you, and thank you.

Let me see if I understand your position. Basically, there are two separate issues--the neighbors opinion of your care ( wrongful death suit)---and the issue of how you swooped down cared for ailing relatives that the neighbors HAD been caring for. And the bulk of the estate was left to the relatives that were caring for the ill relatives, and you feel it should be yours. How am I doing?

Important thing regarding wrongful death--let me give you a few examples to explain where it applies and where it does not. I am currently involved in several lawsuits regarding my husbands passing, one is a wrongful death suit against the driver of the vehicle that hit him head on and killed both he and his co worker. The driver happened to be driving a school bus. Therefore, since my husband was merely a passenger in the other vehicle, no fault can be laid as his feet. This gives me clear and convincing proof of wrongful death--meaning, simply that not only was his death not pending, ( he wasn't ill with cancer or something of the like) it was also unnecessary and came at the hands of someone reckless or irresponsible, or at the least, another party was solely responsible for his demise. Clearly, in your situation, that was not the case. The relative in question was ailing---and they cannot sue you for negligence unless, obviously, some criminal act was committed. Someone dying of cancer doesn't have to accept treatment--many choose to not. Now, if they expressed their wishes to go and you, as the designated caregiver refused, that may be different. There was such as case in the news here in SC yesterday where a man took his father out of a nursing home where he lived--not sick, just elderly,and took him home to 'care for him'--and was, actually, neglecting the father and cashing his SS checks. The father died weighing less than half his original weight, starved to death. See the difference in where wrongful death comes into play in these examples?

Now, regarding the will---I agree with the attorney--and as I stated in my first posting, I don't think you can prove the relatives were forced into signing anything. Maybe the relatives resented the fact that (and I'm just GUESSING, not reflecting on you personally) you "showed up" at the end, so to speak and therefore didn't will you anything. Or, it could be that they simply didn't think of it, being so ill. I am not sure what grounds you have to contest the will---and another consideration is---is it worth it financially? I mean, you could spend thousands in court cost to receive nothing or a very small amount. Also, I presume your cousin before he died appointed his attorney as executor? You say he is, but then you say he told you he could go to court and be "easily appointed" as such. Which one is it?

I cannot see you prevailing. As unfair as it seems and must feel to you, that is how it seems. But, of course, as is the caveat of this site, you can consult with an attorney, yada yada, and they can better address your specific situation ( although from your posting, it appears you already have).

Good luck.

Grace: 1 Thank you for your reply but I did not swoop down to help my relative,,we were very close which is why they called me to ask me to come there to help them,,,,,,also gave me full power of attorney,,,,,,I am seriously not coming out of the woodwork.

I had extensive power of attorney for both,,,,,sorry but my cousin and my great aunt were my best friends THRUOGH MANY YEARS

#2. The neighbors were not friends of theirs I don't know how that got twisted,,,they were never in the house until they found out my cousin was sick,,,and they were not taking care of my cousin how did that get twisted??

They were taking him to dr appt UNTIL I GOT THERE and then if I had to be at work.

As I stated my cousin was much sicker than I thought and I found that out when I got there.He passed away 3 weeks later.

None of that changes the point of my posting.

Basically, you're angry because neighbors you think weren't friends of your relatives inherited the relatives fortunes upon their sad demise and you think you should be the one to have gotten it. And, you are asking how can that be fair? The answer is, it ISN'T fair. But, that doesn't mean you have legal recourse.

Well, I don't mean to belabor the point, but it would appear that for whatever reason ( far be it from me to speculate on the obvious ) but for some reason your relatives found it suitable and appropriate to leave their fortunes to the neighbors. I haven't a clue why this is, and even if I did, stating so would be offensive to you.

So, let me say, simply, that it would be hard to prove they were both simultaneously incompetent. However, if you feel something untoward has taken place, hire an attorney and pursue it. Since you say you already did that and you were told it wasn't likely, you have a decision to make regarding what to do next.

Pursue it with yet another attorney, and more time and money and emotion and effort, or let it go and get on with your life. Only you can make the determination as to which choice is best for you.

If you have seen the will, I'd certainly at least take it to have the signature checked to theirs. Why a lawyer would counsel that you take the first lawyer's word for it is a mystery to me, especially since I no longer trust that lawyers of any kind have even a shred of ethics or broad knowledge of the law.

I'd get my own copy of my relative's will and take it to an attorney who can find a handwriting expert to verify if it was valid. It has to be witnessed and notarized too. WHO did those things? What is the relationship of those people to the folks who benefitted?

If all were unrelated and the signature looks to YOU like theirs, and the witnesses and notary were available, I'd talk to them about the circumstances, the relative's appearance and ability to make decisions. Was he cogent or incoherent or in pain? How long after you left was the will written? How long before he died?

Could be that when you came back and found him worse than you expected that perhaps there WAS some other reason he died earlier than expected. You may not want to go there, but I could see them making that accusation strictly because there WAS something done to hasten death after they got the will made and signed and they just wanted to point the first finger at YOU. This whole scenario just doesn't smell very good.

I suspect it doesn't smell very good to you either. Pursue it with the sheriff's department.