My mom died and left a will and later verbally willed that her house be a homestead. The will states she is to divide among all of her beneficiaries. Then at the end of the will it says that she give her one daughter everything. This is quite confusing. How can one divide among her sisters and brothers and then be given everything. The verbal will came after the written will. So do the verbal will have any effect to overide the written will?
I need feedback concerning this cause my sister is threating sucide cause she will have to move out of the house. Any comments will be appreciated and honest ones.
2007-03-19 12:08:29 · 6 answers · asked by JoJoBa 6 in Family & Relationships ➔ Marriage & Divorce
I had something similar happen to me. But, first off, verbal has no validity. Did she have a witness or lawyer do the will? It doesn't sound like it, or this confusion wouldn't be there. I am wondering, though, if the one daughter was to be in 'charge' like an executor in handling the estate and making sure that everything got divided up evenly among the siblings. Perhaps it was intended that the one daughter be allowed to remain living in the property...I'm sorry to say that this is going to require adult children to act responsibly and like adults....but, someone in the group will probably be a problem. This seems to be common. Too bad your mother didn't make things clear and specific. We can all learn from this. Good luck to you all....you are going to need it. I am sorry for your loss.
2007-03-19 12:49:52 · answer #1 · answered by Nisey 5 · 0⤊ 0⤋
You really need the advice of an attorney. I think the will that was filed and probabated is the will that counts. Her verbal wishes will not be recognized in a court of law. If she had added a codicil to the will stating that your sister owned the home and that she could live there as long as she wanted, then the codicil would be valid. Even if she handwrote another will and had it witnessed and notarized, it would be valid. According to how many sisters and brothers, the homestead would be divided into equal parts and if it is sold, each child would get their share. This is a difficult situation, as I understand it one sister wants to live in the house. The only advice I have is not to sell the home, and let your sister live there at this time. But actually, you should see an attorney to get professional and correct advice.
2007-03-19 22:22:38 · answer #2 · answered by cardgirl2 6 · 0⤊ 0⤋
The verbal will has to have been heard by at least two persons willing to testify to what they heard otherwise its only hearsay and definitely wont be heard in court. So unless you have witnesses to this verbal will, the written will takes precedence over the verbal, no matter how much you object. You need proof for a verbal will to be heard. Good luck
2007-03-19 19:17:56 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
A written Will will always over rule a verbal one.
Get a probate attorney to look at the Will and explain it better to you.
2007-03-19 19:18:19 · answer #4 · answered by Starla_C 7 · 0⤊ 0⤋
The written will is the only will that can be enforced under the law's of all 50 states of the united states of america.
2007-03-19 19:17:50 · answer #5 · answered by michael_trussell 4 · 1⤊ 0⤋
The written will is the only one that really counts.
2007-03-19 21:27:40 · answer #6 · answered by Bethany 6 · 0⤊ 0⤋