How can I petition the court myself regarding my right to an elective share?
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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 12 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.
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