How can I petition the court myself regarding my right to an elective share?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I petition the court myself regarding my right to an elective share?

After 20 years of marriage, my husband abandoned me last year and moved out of state. He died and left a Will leaving everything to his brother. I can’t afford an attorney.

Asked on May 5, 2012 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and situation.  If he was a legal resident of the state in which he moved to that is where the Will is probated.  So you are going to have to file the forms in the probate court in the county in which he resided at the time of his death, which is where the Will should be offered for probate.  Now you should get notice in the form of a Citation issued to let you know where and when.  Each state has a time frame - statute of limitations - with in which to elect against the Will.  I would start by researching on the internet some information about it in the state in which he resides.  The local or state bar associations often put out forms and booklets that are helpful.  They also have pro bono - free - help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption