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Old 04-20-2005, 02:13 PM
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Question Legal question???

My sister in laws parents died within 6 weeks of each other 2 years ago. She has a brother that is in jail and is soon to get out within a year. Her parents left him Nothing. (because in the state of oregon the state will take any money left to the jaily to pay for there room and board) He also (at the time) said he wanted nothing. But, now has changed his mind and wants 1/2 of everything!! She has given him over $20,000 for legal expences and sent his wife more money than I can remember. My question is after you have gone to jail for 7 years can you still contest a will or sue for the money? Even if you signed a statement that you wanted nothing. Any kind of help would be greatly apprication. Thank you Sharon

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Old 04-20-2005, 02:46 PM
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Re: Legal question???

I wouldn't think he could do anything if he signed something saying he didn't want anything and if he wasn't in the will I wouldn't think he could do anything. Just my guess-my only experience is watching People's Court and Judge Judy- lol
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Old 04-20-2005, 03:08 PM
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Re: Legal question???

I know when my mother drew her will up she had to sign a special paper stating that she knowing left my brother out of her will. Iif her brother signed a paper stating he wanted nothing, then I would imagine it would be almost the same thing. Not sure what the laws are regarding the state of Oregon. But it would cost her brother money to hire an attorney to fight her will, which could be a lengthy process. If the money and property were left to her then she is the one who has had to pay all the taxes and fees that go with it. If she just hands him money then it is considered a gift that he won't have to pay taxes on. Seems unfair huh? I would tell her to just keep a list of everything she has given to them, keep her papers organized and let him try to fight the will. Sounds like she has gone above and beyond. It is never easy when dealing with family.
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Old 04-20-2005, 03:09 PM
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Re: Legal question???

In my limited experience I would say he won't get anything and they would throw it out of court. A will is a will...

I am sorry for your SIL, that must have been so hard to lose both parents so close together like that.
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Old 04-21-2005, 08:59 AM
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Re: Legal question???

He is just trying to bully your s-i-l for money. He has no leagal standing, and I agree with the previous poster, that he won't be able to afford to even try to take it to court.
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