If you father died from malpractice and there was a lawsuit would you fight

Question

. my mother has won the suit i helped her to file against the company for defective pacemaker and defibrillator that killed my father. now it has been settled 1.5 million . and she is going in front of judge to tell them my father didnt luv me and wouldnt want me to have anything from it . i luved my father . i was his only birth child that wasnt adopted out. I dont know what has happened to my mom . but then it is hard . My father was very peaceful man and didnt like arguing . So i dont know what to do . i know i cant buy me another daddy , And i hate them for what they done , what would you do

Answer 1

from a lawyer. first i would like to express how sorry i am that that  happened. i am very sorry about your father. I am going to be up front and honest. It sounds to me your mother has turned greedy with the money. It could be she wants all the money herself. Or it could be your father spent more time with you or maybe she feels he loved yyou more. im sure your father did love you no doubt. fight it.

Answer 2

Contact a lawyer to get the proper advise

Answer 3

Let her have it!!! She will regret what she has done to you. Is the money that important?

Answer 4

Stop being greedy and get over it.  Let your mother have it!  Why do you believe you should get any of it? Because you "helped" her?  That is what a daughter is supposed to do, help, not become greedy!

Answer 5

     If your father had a will, who was the executor?  If it was your mother, then as a general rule she cant be a benificiary of the will, because any such bequest raises a presumption of undue influence.

Another point is, was he of sound mind when the will was executed?  A person must be of sound mind and have testamentary intent for any will to be valid under any circumstance.  Again, as above, undue influence can be grounds to invalidate a will.  If there was a will that was in place before this document, that will could be reinstated under a theory called Dependant Relative Revocation.  That is simply a means of providing a way for a probate court to follow the testators wishes, since to do otherwise would leave the person intestate.

     The bottom line is that unless you were expressly disinherited by the new will, you have grounds to claim against his estate.  Even if you were, the will could still be challenged on the basis of undue influence and/or lack of testamentary intent/capacity.  The question will turn on whether the probate hearing has been held.  Find out without fail when that hearing is scheduled for, and contact your local legal aid society to obtain counsel if at all possible.  You have a fixed window of opportunity to take action in.  Good Luck.