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My father passed away in AZ the will was made in Ohio the will says his ex girlfriend gets everything but

Mesa, AZ |

i found a message on his face book saying to the woman who he left everything to in the will that he changes the will back to the old one and throws away the new one this was one month after the new one was created the old will cant be found and this woman is just an ex girlfriend never married and not related the executor of the will is her mother but so far mi the one thats had to do everything regarding the cremation and moving his things out of his apartment this girl has done nothing but demand i give all my fathers belongings to her she has showed no interest in anything but his belongings and demanded them i found his computer went through it found the will and got on his face book account went through his messages and he says that he puts his will back to the old one on face book

Attorney Answers 2

Posted

This is a new one on me. Your issue is whether or not the post on Facebook would be sufficient to constitute a revocation of the Will. I see a number of problems with your argument, not the least of which is proof. Since YOU were able to hack into his account, where is the proof that your father was the one who made the post in question? I think you may have a really difficult battle on this. I see very little chance of your winning this unless you have a very skilled probate attorney to assist you. Very tough case.

James Frederick

***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!

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Posted

i know this is a very stressful situation i know what my father told me on his death bed he said he wanted me to have his car and some money and for my brother to have some money and the woman to have the apartments he owns but i stopped him from going any further and told him not to worry and rest so he can get better but after i left he had a heart attack this happend very suddenly the woman has done nothing but upset me and demand all my fathers belongings even before his body was moved from the hospital to the funeral home he left her a $10,000 life insurance policy i already gave her the information for that but so far im the one taking care of everything she continues to demand everything and says he owes her everything now my father was a registered sex offender and went to jail when i was 2 for molesting my sister and this woman says my father did the same to her when she was 9 thats why he owes her everything i know what i found on facebook may not be much but there must be a way to do something about this situation

James P. Frederick

James P. Frederick

Posted

I agree with Mr. Pippen's take on this. If you open a probate, there may be a number of options. But I would not do this on your own. You should meet with a probate lawyer to determine how best to handle this.

Posted

I agree with Attorney Frederick-very difficult case and unlikley that facebook posts would be valid.
I would start a probate as though he died without a will and see what happens next.

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.

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Paul E Deloughery

Paul E Deloughery

Posted

I agree with the previous answers in terms of this being a somewhat difficult case. However, my approach would be to file a Petition for Formal Determination of Intestacy. Basically, you would set forth the facts and ask the judge to determine that the current "new" will was revoked. If you're lucky, the girlfriend won't fight it. I think it is dishonest to file an Application or Petition for Determination of Intestacy (meaning there is no will) and not mention that there is in fact a will in existence. Doing what i recommend would give you more credibility because you are stating the facts as they are. This advice is general in nature and is mot meant to replace legal advice by a lawyer that you retain. I'd be happy to help if you retain me.

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