Q: What kind of Attn does contested will?My son died left a typed statement of last Wishes I'm named beneficiary.
Its signed and witnessed by 2 non heirs. His daughtets mother says not valid.
I am sorry to hear of your loss. It sounds like the will MAY be valid, but you need to show the document to a local probate attorney to review to see if it does what you think it does. Bear in mind that his wife (if any) may have rights to take 'against' a will, and there are basis for challenges so you REALLY need to have this reviewed by a local attorney to insure you know what you're getting into.
-- 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
Because it is typed and not in his own handwriting you need the witnesses, but if either of them are beneficiaries under the will then there is a presumption of undue influence. Since you say both witnesses are not heirs, the signatures should not pose a problem based upon heirship.
However with witnesses, each must either see the testator sign the Will or be told by the testator that the signature on the Will is his or hers, must understand that the document is the testator’s Will, and must sign the Will in the testator’s presence and in the presence of the other witness. (See: Section Probate Code 6110 for further details)
If a will was not executed by the witnesses as stated above, the will will be treated as if it was executed in compliance with section 6110 if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator's will.
In order to give you a definitive answer an attorney needs to look at the will to decide what the best approach is for validating the will.
Best of luck,
Priscilla Madrid, Esq.
A: Based on what you have said, you should consult with an attorney who understands probate law and litigation. You need to take action, and the sooner the better. Witnesses can die or disappear, and other evidence can be lost. The will needs to be lodged with the court. Even if the will is valid, there may be distributions mandated by law which are not provided for. You should have an attorney consultation right away.
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