Q: I have filed a small estate affidavit. A non relative now says they have a will. Does that supercede my affidavit?
Aunt passed away. I am her heir. Non relative has cleaned out property and says she has will . Deed and all utilties still showing in my deceased relative's name which is why I filed affidavit. If non-relative actually has a will ,can it still be filed and does it supercede my affidavit?
A: An heir or beneficiary can probably file to have the will probated, and if it is admitted, it would likely override your affidavit, if it conflicts with the Will. You yourself can probably petition the court to be appointed Administrator With the Will Annexed, in effect forcing the God-daughter to turn over the original Will. You could run into trouble, however, if you took property reserved for someone else by the will. You need legal advice from an experienced probate lawyer in your state. Good luck.
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