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S

sadinminn

Guest
What is the name of your state? mn

Silly question….but don’t know who to get the answer from.
My mother married another man after my fathers passing on. She tells me in about 1999 or 2000 that her new husband and she went and prepared a will with an attorney, she also tells me what she has done with all her assets. She gets sick, on her death bed, second husband shows up at hospital with UNSIGNED will. He gives me will to get her to sign…I read it…it does not say anything close to what she originally had told me. I ask about the other will that was supposed to be signed years earlier. He says there wasn’t one. I ask HIS attorney about another will…he says he didn’t write one. How do I find out if there was another will with this attorney or maybe with another attorney? I believe this man had his attorney draft a new will without my mothers consent and tried to get her to sign it without knowing what she was doing to over ride any other will previously signed.
 


Dandy Don

Senior Member
If your mother can communicate, ask her where the will is or who the attorney was who helped her draft it (if there was such a person).

If there is any way possible you to get an attorney's assistance to get her to create a newer will now, that might be the best way to go.

You were smart not to present the second husband's will for her to sign right away, but this might be the thing to do. You need to have a probate attorney review this will that the second husband had created and compare what you would get under that will to what you would receive if there was no will (it is most unlikely that a Minnesota probate attorney would be reading this message board). It is my understanding that if there was no will, the husband might be eligible to receive his elective share of the estate, possibly as much as the first $150,000 from the estate, with you being eligible to receive as much as half of whatever else is left over (but the reference book I consulted may be mistaken or the law may have been more currently revised).

If it looks like you would benefit financially from the second husband's will that he presented, then maybe you would want to go ahead and present it to your mother for her signature. Or if you don't want to do that, file to be administrator of your mother's estate and have the court order him to produce the earlier will and if he can't produce it the estate will be divided according to intestate rules (meaning "without a will").

DANDY DON IN OKLAHOMA ([email protected])
 

BelizeBreeze

Senior Member
Sec. 3. Minnesota Statutes 1992, section 524.2-102, is
amended to read:
524.2-102 [SHARE OF THE SPOUSE.]
The intestate share of a decedent's surviving spouse is the entire intestate estate if:
(i) no descendant of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also
descendants of the surviving spouse and there is no other
descendant of the surviving spouse who survives the decedent;
(2) the first $150,000, plus one-half of any balance of the
intestate estate, if all of the decedent's surviving descendants
are also descendants of the surviving spouse and the surviving
spouse has one or more surviving descendants who are not
descendants of the decedent, or if one or more of the decedent's
surviving descendants are not descendants of the surviving
spouse.

This is a copy of the amended statute.
 

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