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valid will?

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A

aarja

Guest
My aunt died without signing her new will. It had been drawn up, but her attorney hadn't gotten it back to her so she could sign it. She had been ill for some time. She had penciled in the changes she was going to make on the original signed copy of her old will. Is this will now invalid because of the handwritten notes? If the handwritten notes are not allowed, can this will be contested? The will hasn't been probated yet because of all this. The person who is to be the executor has already had the personal property and real estate appraised. Doesn't the will have to be probated before the executor is appointed and can do anything? This is in West Virginia.
 


A

advisor10

Guest
FEB 6, 2001


DEAR AARJA:

So sorry that your aunt didn't get to sign her new will.

Yes, a will does have to be probated before the person is appointed executor. It is to the executor's benefit to file it as soon as possible, since they don't get their share of the estate until the estate is near closing and the distribution is made to beneficiaries.

Most places require that the will must be filed at the county courthouse within 30 days after the person has died. Whenever the will is filed, you should watch the local legal newspaper (ask any attorney how to find it) or the daily classifieds to find out when the probate hearing is for that will.

If you think you may be named as a beneficiary in her will, then you really should ask the attorney for a copy of the new will and the old one. Whether or not the new will is valid is unclear: technically, it may not be valid if it is still unsigned.

But, if you show up at the probate hearing to let the court know that the new will exists and that her initials are on it and that there are other witnesses to this besides the attorney who can confirm that it was her desire to have these changes made, then it is possible that the court may decide to accept the new will without your having to do an actual contesting of the will.

To protect your interests, you really do need to try to find a local attorney there is West Virginia, because there is the chance that a West Virginia attorney might not be reading this board and your question would go unanswered for a long time.

SINCERELY,

[email protected]
 
A

aarja

Guest
The changes that my aunt wished to make were in her new will that is unsigned. She had taken the original signed copy of her old will and penciled in the changes that she was going to make in the new will. So the penciled in changes on the old will should say what the new will says. She didn't get to initial the new will, as it was ready but not gotten to her on time. Her accountant, as well as her attorney, both knew her wishes concerning the new will. I am going to talk to a local attorney. I guess the courts will have to decide this matter. Thank you.
 

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