My parents made their will over 20 years ago. Since then, my father and brother have passed away. I was named executor in the event of my brother's passing. I am not sure if the will be ever be updated. Is it legal?
Estate Planning Attorney
If the will was properly executed it is valid or legal. The death of beneficiaries or named personal representatives of a will does not invalidate the will. If you are the successor personal representative named in the will you will have the opportunity to be the PR. Contact a probate lawyer for more info.
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This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.
The Will continues on in effect, indefinitely. Of course, in light of the deaths of some of the beneficiaries, the distribution might not be what your parents would have wanted. Presumably, if the Will did not reflect their intent, they would have made adjustments.
If your mother is competent, you may want to suggest that she at least review her Will with an attorney to make sure it is still what she wants. She should also have an up to date Durable Power fo Attorney form, which names someone who can take care of her and her financial affairs, if she ever becomes incapacitated.
*** 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.
Estate Planning Attorney
If it was legal and properly completed-it does not have to be updated to be legal.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.