Whats rights do I have on a will that was type up by the conner but never sign

Asked almost 2 years ago - Douglas, GA

I had someone to leave a will to me she had the conner type up everything and was to go back and sign but passed away before she could sign it...he remembers her saying she wanted me to have everything. Just need to know what is my rights

Attorney answers (5)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . I'm confused. Who is a conner and why was a conner typing a will? Only lawyers can legally practice law and prepare wills. Regardless, an unsigned will is completely worthless in Georgia (if this happened in another state you need to a lawyer in that state) and verbal statements are equally worthless.

    If someone dies in Georgia, they are intestate and state law says who inherits. Since you don't mention if this person is related to you and how, I have no way of telling you if you are an heir or not, but I can say the unsigned "will" is worthless.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Richard Michael Morgan

    Pro

    Contributor Level 13

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    Answered . The simple answer is that a Will that is not properly signed has no legal effect. Your only way to benefit from someone's estate is via terms of properly signed Will or Trust, via the state law Will which are the rules of intestacy, or via beneficiary designation on life insurance, IRAs, Qualified Plans or financial accounts which have a POD or TOD beneficiary designation, and being the joint owner on assets with the decedent (primarily if the asset or account was owned as joint tenants with rights of survivorship). If you are an heir of the deceased person, you would benefit. Also, you could benefit by being the spouse or minor child of a decedent under the Year's Support rules in GA or forced share rules in most other states. Finally, while this would not provide you anything as a beneficiary, you could collect any amounts owed to you by the deceased from his or her estate.

  3. Irene C Olszewski

    Contributor Level 9

    5

    Lawyers agree

    Answered . An unsigned Will has no effect. If you are alegal heir, th deceased's property may pass to you according to the laws of intestacy in your state. You should speak with a lawyer in your state to determine the specifics.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each... more
  4. Robert M. Gardner Jr.

    Contributor Level 18

    3

    Lawyers agree

    Answered . The others have already given you the correct answer, but did you mean coroner? As in the person who deals with dead people? If there is one of those drawing up wills for people, I cringe at the thought.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  5. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is really not enough information to fully answer your question. I am not sure what you mean by "by the conner." But MOST of the time, if there is not a signed Will in place, it cannot be admitted to probate. There are some rare situations when a judge might accept it, if the facts are compelling enough. Michigan has some "fudge language" built into our probate code that allows any writing "intended to be a Will" to be admitted to probate. This is not going to be an easy case, however, particularly if there is someone that would challenge your rights, which seems somewhat likely, particularly if there were other heirs. If there were not other heirs, then you might receive the estate anyway. More facts are needed, though. Your best bet is to see a probate attorney as soon as possible, find out where you stand and how best to proceed.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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