Q: In my mom's Probate case the Probate Lawyer sent us paperwork containing an invalid (earlier) Will and also in the Court
paperwork listed her surviving husband as heir or devisee when he is not listed in the Will as such and in fact signed a Waiver of Elective Share that is referenced in the Will. My sister and I think that these issues are not valid or legal. We have sent the Lawyer a letter detailing these two issues and have not heard back. Is he required to get back to us or do we need to hire a Lawyer? Also, should we let the Court know about these issues?
A: There are many variables to consider, but in most cases, you have four months to file an objection disputing the validity of the will that was submitted to the probate court . The time for objecting begins to run from the date you received notice of the probate proceeding. The objection must be filed with the court. There are some exceptions. You should contact an attorney in your area for legal advice regarding your specific circumstances.
A: The fact that the attorney who represents the Personal Representative filed a prior Will with the Court is a real problem. If you have informed the attorney in writing and provided the current Will and it is not filed with the Court right away then I recommend you hire your own attorney who assist you. Important deadlines are in effect so do not delay.
I believe your mother's surviving spouse is still legally an heir even if he waived his elective share. Being an heir does not necessarily mean that this person inherits anything.
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