My mother passed away on 3-1-10. She was on several medications and not in her right mind when her will was rewritten and filed with the state. She had gotten married only eight months prior to a man that, to date, has not followed the instructions listed within the new document or any document superseding it. We are more interested in finding out what to do about the home and vehicles involved. We we're not given any information as to whether we were listed in the documentation. Please let me know if there's anything I can do.
This is a duplicate posting. Please see my response to your other question. I think you need a lawyer to review the asset titles to determine what your rights are, if any.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Please consult an estate administration attorney and present him or her with copies of documents, etc.. If an estate was not opened, you could try to open it. If the estate was opened and you did not receive notice, there is a problem. There are limitations on when a will can be contested - but, it depends on when the will was filed, when the estate was opened and when notice was supposed to be given.
6 lawyers agree
Family Law Attorney
You need to have an attorney review both wills and also consider whether your mother was competent when she wrote the second will. You will also have to find out how titles are held to the house and vehicles in order to know what you are entitled to.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
You need to hire an attorney immediately. There are statute of limitations running if the new husband is claiming ownership rights. Contact a probate attorney without further delay.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.
5 lawyers agree