Is a will still valid if it has never been updated?
Loris, SC |
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?
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.
Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter https://twitter.com/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-guthrie-3562169.html LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107380867225921981464/about Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813
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.
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.
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