Asheville, NC asked in Elder Law, Probate and Small Claims for North Carolina

Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will stated the home was to be given to our Father & his heirs, never to taken from her family!

Our Grandfather's & his 3rd wife (which died yrs prior to him!), had stated for yrs, their Will's were not to be changed! His home were to go to his only Grandchildren! Her home, land were to go to her Children and Grandchildren! When she passed! Her home & land, were given as stated!

Our Grandfather died in 2007, while in a nursing home at 92 yrs old! Shortly prior to his passing, his Step Children had him sign a new Will, changing EVERYTHING! Writing my Brother & I totally out! Leaving EVERYTHING to them!

At that age & state of mind...is that legal?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the vicinity of where the decedent had lived when he passed.

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