My mother died and left a will and the lawyer's said my sister was left everything but yet my mother had other children indicated as heirs. How can this be when the will also states she is to divide all assets among her children. The probating of the will could it have been done incorrectly. I have filed affadavit at the court house and was I right to do so. My mother told us verbally before she died that her home was to be a homestead and my sister would be over the house but to share and keep it in the family. I would like to know what to do concerning this situation. Any help would be appreciated.
2007-01-12 07:03:06 · 5 answers · asked by JoJoBa 6 in Politics & Government ➔ Law & Ethics
Find a lawyer and contest the will. The courts can prevent your sis from hogging everything and denying family access. You should get together with family and discuss the wrongs and what should be done about it.
2007-01-12 07:16:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The attorney must show you the will, read it yourself; don't assume what's in it. File a notice of Contested Will with the court, not just an affidavit. What does "sister would be over the house" mean? If she received full title then its hers. If intended to share by all, then you are tenants in common equally. Give Contested notice to the attorney and who ever is the Executor of the will. Also if she changed her will verbally in front of witnesses after the written will, this is a Testamentary Will and can over ride the written with witness statements, check with an attorney ASAP, time is critical to Contest a will. Good luck!
2007-01-12 07:25:50 · answer #2 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
First thing is to read the will itself. Verbal statements do not over rule written and proper wills.
If the will is contradictory (as you indicate ie everything left to your sister, but it is to be divided among the children) than the will can be contested. Unless the will says that the sister gets everything, but she is to divide it (as she sees fit) among the other children. In that case you get only what the sister wants you to get.
How much is the estate worth? Is it worth tearing the family apart and costing thousands in attorney fees?
2007-01-12 07:10:12 · answer #3 · answered by Anonymous · 1⤊ 0⤋
whatever was written in the will is what will be honored. it is unfortunate that anything she said verbally was not written down.
2007-01-12 07:12:43 · answer #4 · answered by Bella 5 · 1⤊ 0⤋
THE WRITTEN WILL SUPERCEDES ANYTHING THAT WAS SAID WHILE SHE WAS ALIVE. WHAT EVER THE WILL SAYS IS WHAT HAPPENS.
2007-01-12 07:14:50 · answer #5 · answered by strike_eagle29 6 · 0⤊ 0⤋