Whats rights do I have on a will that was type up by the conner but never sign
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
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.
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'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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
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.
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 state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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 your important decisions, please contact our office directly for a free phone or in person consultation.
Robert M. Gardner, Jr.
Hicks, Massey & Gardner, LLP
53 W. Candler St. Or 718 Oak St.
Winder, Ga. 30680 Gainesville, Georgia
(770) 307-4899 (770) 538-0555
serving metro Atlanta and all of Northeast Georgia
Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation