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.
1 user found this answer helpful
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.
