Q: Mom passed and I'm executor. No mention of house in will. She told me to sell and split. How will probate view this?
It was to be split with my sister and nephew. This is what I want to do. However, I'm worried they will begin to fight over the house.
A:
Probate will probably honor the will if it was validly drawn and validly executed without any fraud, undue influence or duress upon your mom when she made it and she was of sound mind at the time. Failure to list specific properties in the will usually doesn't mean much. Often the will maker will rely on a residuary clause -- which specifies what to do with all property she owned at her death that is not specifically disposed of elsewhere in the will.
If your mother owned real property in her sole name, you may have to open a probate proceeding (with or without a valid will) in order to change the title. If the will is not valid or is denied probate, your mother's property would then pass by the state's intestate succession laws, in which case the nephew may or may not share in the distribution, depending on his relationship to the decedent.
You should take the will and consult an experienced probate attorney. Many offer free initial consultations. Good luck to you.
PS: My comments here are offered as general information only and not as legal advice upon your specific situation nor any potentially applicable law. My comments are also not offered as, nor intended to create, nor do they create an attorney-client relationship.
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