will

What is the name of your state? montana
my brother in law recently died and left a computer generated will which was signed and notarized but not filed anywhere. i get the sense that something is going on w/the will-i'm not sure if the executor is being up front about things. can she (and her brother and sister) hide this will--pretend there wasn't a will in hopes of being the ones to inherit everything from the estate? does this will have to be revealed to the court? one of the sisters is the only one who has a copy of the will. there is no real estate involved--just bank accounts, personal property....my brother in law's only surviving family other than nieces and nephews is this brother and two sisters. prior to my husband's recent death he (my husband) was named executor and it was clearly stated that this brother and 2 sisters were to get absolutely nothing. i guess the question i'm trying to ask is this: if the brother and sisters act as if there is no will, will they then stand to inherit everything because they are next of kin? what about probate? does the court even have to be involved or can they do everything without the courts being involved? thanks for any help/answers you may provide.What is the name of your state?What is the name of your state?

Who is the executor--your husband or someone else?

Has the will been submitted to probate court for processing?

Your husband should be consulting with a probate attorney to find out if this computer generated will is going to be accepted in court or not. If it isn't, the estate will go to his surviving spouse and perhaps some will go to his siblings. Sure would have made things easier if brother-in-law would have left the will with your husband. Husband should be asking the sister for the will and if she won't give it to him, then husband can open up probate without it and the judge will ask sis to produce it for court.

DANDY DON IN OKLAHOMA ([email protected])

wills

hi dandy don--thanks so much for your reply! sorry, i guess i wasn't real clear about things-it's kind of complicated. my husband had been named executor of the will until his (my husband's) recent death. my BIL then made a new will naming a sister as executor. since my BIL had clearly stated in his first will (the one i have a copy of) that this other brother and 2 sisters weren't to inherit anything, i believe in the most current will he probably left everything to my husband's children and 2 other nieces. my concern is that the brother and sisters are trying to 'hide' the will so that the nieces and nephews will receive nothing and they (brother and sisters) will inherit everything. am i making any sense?? how can i be sure that this will is followed? do they have to submit this will for probate? does there even have to be a probate? my thought is that they will try to avoid having the courts involved in order to prevent anyone from seeing this will. it's kind of complicated because my BIL died just a couple months after my husband's died. they were both in their 40's. my BIL was not married and had no children. thanks again for your advice.

If probate has not been opened, I think you could force them to come forward with the newer will by opening probate with the one you have a copy of. No one is actually the executor until the court says so. Since your husband was the deceased choice in the will you have, you could petition for the appointment. You might get appointed & proceed as that will says, or they could produce the newer will.