Springfield, MA asked in Probate, Estate Planning, Real Estate Law and Collections for Connecticut

Q: What happens when you find the original will after probate judge deems you execute it, but you are sole benefactr in wil

My mother died, I was deemed executrix of estate when no will as found. At that time, I discovered for 25+ years, she put me on property title as half owner since 1988. So, However, the will was ultimately found and I was deemed sole beneficiary of his property and assets. I filed the original will with probate office immediately. How.does the discovery of will affect the status of the property and the role/existence of estate?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: You've scrambled pronouns around so it is hard to determine who you are talking about with 'his' property ... both you and your mother are female, right? If Probate is still open and property not yet distributed, it is simply a matter of having the new will 'admitted' for administration, and then following the instructions in the will. Your attorney should be able to walk you through this process.

It gets more complicated if there has been a distribution contrary to the terms of the will because it wasn't known about, but it sounds like that is not the case.

You DO have an attorney helping you with the Probate, right? If not, you need to hire a local probate attorney ASAP to insure you do this right. Every state is slightly different, so you need to insure you're getting appropriate advice for your area.

Seek out local legal help.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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