Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?
My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was added to the deed, but the will was never updated. What would happen in this case? There is also some question as to the executors actions since his passing and whether all of the will is even valid.
A: When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance into joint title with your husband, then that is the state of what your father-in-law's estate owns as of his death. Based upon the facts you stated, there is no way to venture an opinion on the validity of the will. It sounds like you have some potential for conflicting claims concerning the estate property and you should seek legal consultation. Sorry I can't be more specific, but your factual statements are somewhat vague. Good luck, Bryan.
Nina Whitehurst agrees with this answer
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