My estate attorney has been hired to handle the entire estate of my mother in law who passed away 10 months ago. I am set to close on her house next week and am notified TODAY that she had not noticed that while everything was left to my husband, the only living child, that according to one paragraph that attirney didn't notice before until pointed out by closing attorney, that our nephew is entitled to half of the house! This seems like serious negligence. The will was printed out as a standard will format because she was in the hospital and let us know that she did not actually have a will. And that she wanted one brought to her to sign immediately leaving everything to my husband. It was a standard form printed off line and it was signed in front of two witnesses and with a notary that we paid to come in to the hospital that night. She was of completely clear mind. The 10 page document was not read Word for Word by anyone. And 10 months later I am being told that my nephew is entitled to some odd $85,000 and it is unacceptable to me that they did not notice this until now. Am I right in saying that this is grounds for something?
It is possible. However, it would be reckless for any of us on Avvo to say "yes" for certain, without examining the will in its entirety, and interviewing you in detail about the facts that you thoughtfully related to us here. You are right to be concerned. I strongly suggest that you gather all documents related to this matter (most especially, the will and possibly a copy of the estate file from the Clerk of Superior Court) and consult with a local probate or estate planning lawyer. Use Avvo's "Find a Lawyer" feature if needed. Blessings to you and your family this spring.
The first mistake was an online will which should never be used unless one knows what they are doing. The attorney's oversight has not caused injury other than perhaps inconvenience and does not give rise to a claim that is worth pursuing. You should talk with another probate attorney and determine that the right conclusions are being drawn from the wording of the will.
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