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Is something FISHY going on here!

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L

lostnhurt

Guest
My father passed away 7 months ago. I wondered if there was a will, but waited for my stepmother to inform me & my sister. After 6 months went by I decided to see if there was a will on file & there was, but it seems as if something is really wrong. First of all my father could not read or write except his name, the will states basically that everything is left to my stepmother. There is however a seperate paragraph that reads exactly like this
" I leave the following special gifts: SEE ATTACHED LIST to SEE ATTACHED LIST, should he or she survive me by thirty days." I contacted the courthouse to inquire @ missing list, but was informed that was all that was filed & was told they could not help me with anything else. I thought @ contacting the attorney who filed the will, but there is another clause in the will that reads as follows
"Except as otherwise provided in this will, I have intentionally failed to provide herein for any of my heirs, and I specifically disinherit any person claiming to be my heir who is not provided for in this will. If any beneficiary under this will in any manner, directly or indirectly, contests or attacks this will or any of its provisions, any gift or other provisions I have made to or for that person under this will is revoked & shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue" My stepmother has informed me & my sister when we inquire @ anything that it is none of our business. I am scared to even let her know I have a copy of the will, much less ask @ the "ATTACHED LIST". I am not sure what the paragraph @ attacking means, especially since she is the only person provided for in the will. Shouldn't have there been a question in probate court @ where the attached list was? This is a very small town where not everything is on the up & up. SOme of the dates on the will have also been scratched out, so much so that you can't even read what was there, & what you can see is just not a correction of a simple mistake. Should that have been questioned in probate court? I am at a loss of what to do, my father had a small business that he had always said would be mine & my sisters, but the will does not state that. Please help me understand why someone would include a paragraph @ attached list, but leave no attached list & also why include paragraph @ disinheriting anyone who contests or attacks will, when noone other than my stepmother was left anything?
If there is a SPECIAL GIFT LIST when would the people on it have to be notified by? We are all in Texas. Do you also know how long we have to come forward @ the missing list & the changed dates & so forth? Anything you can tell me will be greatly appreciated. Sincerely, LOST N HURT
 


ALawyer

Senior Member
The key is has the Will be admitted to probate yet, or can you object to its being admitted to probate.

The "in terrorum" clause that disinherits anyone challanging the Will has little impact on those left nothing, as there is nothing to lose.

Read the Q&As in Probate, Wills and learn more -- but you'll need a lawyer at some time, maybe soon.
 

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