phone wills maryland

My aunt was ill and my cousin brought her to MD and put her in a home. A couple of months before she died, cousins husband took power of att. sold her home etc. When I contacted her Lawyer about the will, I was told that she made a new one in MD. I was informed that it was a will made over the telephone. Is this legal? She was very ill when she signed it and had told me she couldnt read and write anymore. This cousin inherits it all with her husband. She had no children and her estate was very valuable. I also need to know the time limits on contesting the will.

(01-27-2001)


The fact that your aunt may have made the will over the phone may not necessarily be illegal in itself, since what really matters is WHAT IS ACTUALLY WRITTEN DOWN ON THE WILL. You should check with the county courthouse to see if it has been filed yet, and if so, order a copy of it. Also VITALLY IMPORTANT will be the OLD WILL, so try to get a copy of it as well, if you know how (would it be at her lawyer's office or in her personal papers at home?). Were there any official witnesses to her signature who (according to proper procedure) are also NOT mentioned in the will? What is her signature here compared to other documents? Is it a signature or just her initials?

Since the estate was very valuable (although you don't say how much), it would seem to be in the best interest of the beneficiaries listed in the old will to contest the new will (the circumstances look very bad for the cousin), but it will be expensive for anyone to contest the will because many lawyers who would take this case would probably want a big retainer up front, plus an hourly rate. Can you afford the upfront costs to pursue a challenge to the estate?

It would be to your benefit to have a copy of the old will in your possession before you discuss this with a probate/estate attorney.

SINCERELY,

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