Asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: My dad passed and owned oil mineral rights in Illinois

His live in girlfriend gave me a copy of a will that states for the oil well proceeds/revenues to be left to myself and my sister after his death and his girlfriends death. I don't know how his girlfriends death would be a factor since she shares no ownership of the mineral rights.

Also, the will is typed fill in the blanks and the blanks are handwritten in. However the will states at the top left hand corner the following:

Do not just fill in and sign this form. To be legal valid must be printed out (using the cd rom that come with this book) or typed eliminating all items that don't apply to you. You cannot just fill in the blanks and try to use the completed form as your will. "Quote unquote "

This statement makes me question its validity.

1 Lawyer Answer
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: The remainder after two other persons' lives could be very valid. However the document probably will not qualify as will in Tennessee, and you and your Sister may be better off with your Father dying Intestate. You all need to hire a competent attorney to examine whether Probate is appropriate, and if so, you need to qualify as the Administrator.

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