My Father Passed away in 2006 He had rewritten his will but never signed it. I am his sole heir in both wills.

My Aunt is the Executer of the UNSIGNED will . He changed the will(Unsigned one) because my Mother had passed away 2 years prior. Either will states I am sole heir and my daughter and I are beneficiaries. When he passed away my Half sister (different Fathers) stepped in Being 17 years older then me convinced my Aunt to let her decide when I received any money from the trust. As stated in the will that was to be taken care of in the same lifestyle I was use to IE. rent and living expenses taken care of. My Sister didn't approve of my Now Husband and stopped paying my bills and I was evicted and lost all my property. Now Just recently(within 3 months ago) I contacted my Aunt who stated it was out of her hands and she was talked into signing the annuity over to my Ex husband.

Glendale, AZ -

Attorney Answers (3)

James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
Answered

This appears to be a follow-up to your other question. You still have a very complex situation and there is really no way to answer your questions without being able review your documents in detail. I would strongly encourage you to meet with a probate attorney to get some guidance on how to proceed.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
Adam S. Bernick

Adam S. Bernick

Estate Planning Attorney - Philadelphia, PA
Answered

You mention a Will and a Trust. While a Will can have a Trust in it, that will come into being once the Decedent's bills are paid, the Will has to be filed with the Register of Wills. By contrast, someone create a Trust that is either independent of a Will or where the assets passing under the Will pour over to the Trust. You need to have an attorney review both documents if there are two different documents. If a Trust does exist, you are normally entitled to petition the court for review of documents, an accounting....but whether the Trustee has to release money depends on the precise wording of the Trust.

If the Will was not signed, then the Will should have no effect and would be void in PA.

Kelly Scott Davis

Kelly Scott Davis

Estate Planning Attorney - Cheyenne, WY
Answered

An unsigned Will isn't a Will. It's a draft. There is more to this than meets the eye. You need to sit down with a probate attorney who can review the documents and sort things out.

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