Q: Is moms will valid from 1983, I found yesterday, if she died in 2016? Will it be honored?
I'm the only beneficiary for mom.when she died we didnt k ow she had a will so my stepdad became the beneficiary. He gave me a choice to sell or move into my home now which belonged to mom. Theres a note in his name and I'm supposed to be paying this but due to financial strain he has been and is trying to foreclose due to our arrangement which his lawyer typed up and I signed last year. He sold their property next door and didnt give me any part of it along with her car and most everything in the house before he moved off with his girlfriend. He has refused any payment from me that's less than 2000 when I did try to pay something. Now he demands 5000. I want to keep my home. The note was a refinance mortgage they took out years ago. If I take the will to the court and bring up all the property he has sold and not given me anything from it will add up to well over what is owed on this house. Help me please.
A: A will does not become stale or invalid with the passage of time. Find yourself a local probate attorney right away. If no probate was ever begun in the past, it might not be too late to right these wrongs. Probate fees are usually paid out of the probate estate.
A: The date of the Will generally does not matter. A Will which is submitted for probate more than four years after the date of death can only be used to pass title. You cannot just take it to the courthouse. You must hire a local probate lawyer to represent you. Considering the complications you describe, you may well be glad to have a lawyer untangle things.
Tammy L. Wincott agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
