Q: What to do if a will wasn't probated and inheritance is disputed?
In 2013, my father passed away, and his will was never put into probate. The will named four beneficiaries: my mother, myself, and my two brothers, with each of us entitled to a specific property upon my mother's passing. While my mother resides in the home I was set to inherit, she now refuses to allow me any claim to a home. There was no formal agreement, only verbal understandings about the property distribution. What steps can I take to address this situation and ensure that my inheritance rights are respected?
A: If the will was never filed for probate, then it has no effect. Consult with a VA attorney to see if filing the will as a muniment of title is a viable action here, or whether present heirship should be determined and placed of record as a source of title.
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