What is the name of your state (only U.S. law)? CA
My FIL passed away two weeks ago ish.
The will has just been made availible to us, via a copy from his girlfriend/executor.
A couple of questions:
1) It is a generic "fill in the blank" will from Socrates Media. It is for people who are not married by have kids, so it has general language in it about everything being split equally between the kids. There is one part that allows the person to have "specific bequests" and my FIL give and bequethed his travel trailer to his girlfriend, and she has written in the will "free of all encumbrances, loan balance, if any, for the trailer to be paid out of my estate plus three years of rent on the trailer space".
Can that kind of stuff be added in legally? (To be clear, we suspect she re-wrote the will after his death, as every page but the last one is in her handwriting and the time frames for the buying of the trailer and such don't add up as to why he'd even add that phrasing in...)
The first page of the will says in what I assume is generic language about how the executor can pay for debts and stuff.
2) from how it was explained to me by the girlfriend when she handed me the copy, my FIL wrote out the will, took it in, had it notarized, and then my FIL took it home, realized his handwritting was too messy, had his GF re write in in nicer penmanship, and initialed each page and attached that to the last page with the notary seal on it. Is that ok to do?
3) This is more of an opinion question I guess...is it ever permissable to request the executor be changed? My FIL always made it clear to us what he was leaving us, and now as it stands, in the end, no one will recieve anything except for the girlfriend. As mentioned above, we suspect she changed the will to her benefit but is there any way to remedy that or at least have it looked at, given that she wrote herself in as executor?
Thanks for any info. This is really terrible.
My FIL passed away two weeks ago ish.
The will has just been made availible to us, via a copy from his girlfriend/executor.
A couple of questions:
1) It is a generic "fill in the blank" will from Socrates Media. It is for people who are not married by have kids, so it has general language in it about everything being split equally between the kids. There is one part that allows the person to have "specific bequests" and my FIL give and bequethed his travel trailer to his girlfriend, and she has written in the will "free of all encumbrances, loan balance, if any, for the trailer to be paid out of my estate plus three years of rent on the trailer space".
Can that kind of stuff be added in legally? (To be clear, we suspect she re-wrote the will after his death, as every page but the last one is in her handwriting and the time frames for the buying of the trailer and such don't add up as to why he'd even add that phrasing in...)
The first page of the will says in what I assume is generic language about how the executor can pay for debts and stuff.
2) from how it was explained to me by the girlfriend when she handed me the copy, my FIL wrote out the will, took it in, had it notarized, and then my FIL took it home, realized his handwritting was too messy, had his GF re write in in nicer penmanship, and initialed each page and attached that to the last page with the notary seal on it. Is that ok to do?
3) This is more of an opinion question I guess...is it ever permissable to request the executor be changed? My FIL always made it clear to us what he was leaving us, and now as it stands, in the end, no one will recieve anything except for the girlfriend. As mentioned above, we suspect she changed the will to her benefit but is there any way to remedy that or at least have it looked at, given that she wrote herself in as executor?
Thanks for any info. This is really terrible.