Dad's Will...Did Mom do the RIGHT thing?!!

[bellaD]

What is the name of your state (only U.S. law)? Kansas

My Dad passed away recently, very suddenly. We never knew that he had a will, it had never been discussed--we assumed he didn't have one. My mom was shocked to find his will, written 10 years ago, among some old documents. My Dad wrote this will during a time when our family was in turmoil, and it reflects a lot of anger and hatred towards my brother (at the time, he was a wily college student--10 years ago). During the past 8-10 years, our family has completely changed for the better... and my Dad/brother were very close, all of those issues from the past had been resolved. My Dad had very little money, property, or anything of significant value to leave behind. His will states, in very strong language (that seems completely unlike my Dad, almost like a different person), that my brother is not to receive a cent in the event of his passing. It was not signed by a notary or attorney...it does not look like a legal document at all.
My Mom does NOT want my brother to see this document. We are sure that my Dad meant to destroy it. HOWEVER, Mom has already submitted it to her attorney. My question is this: When the probate process begins, will a copy of my Dad's will be mailed to my brother and other family members mentioned in the will? Is there any way to avoid this? Are there any other options? There are only 2-3 other family members that would need to be notified about the will. My Mom's attorney says that the will must be mailed out during the probate process -- although there is very little money/property to be distributed. THANKS for any advice you can give us, we appreciate your time so much!

 

[anteater]

Whether a copy of a will needs to sent to heirs at law and beneficiaries varies by state. Mom can certainly ask her attorney if it is required by KS statute/probate court rules or if it is just custom and can be bypassed. Or if the court can be petitioned to waive such requirement. In either case, once it is filed with the court, it will available for anybody to view.

It was not signed by a notary or attorney...it does not look like a legal document at all.

Neither of those is required to make a valid will. KS does require that a will "...shall be attested and subscribed in the presence of such party by two or more competent witnesses, who saw the testator subscribe or heard the testator acknowledge the will."

This is the problem with getting carried away with explanations of why someone who might normally be expected to inherit is left nothing. Probably the best that you can do is explain the situation in advance to those who will see the will.

ADDITION: You mention that your Dad owned very little property. Has your Mom mentioned that to the attorney? She can ask the attorney about using a small estate affidavit. That might obviate the need to distribute will copies.

59-1507b. Transfer of certain personal property to successor, discharge and release, affidavit. When a resident of the state dies, whether testate or intestate, if the total assets of the estate of the decedent subject to probate do not exceed $40,000 in value, any personal property of whatever nature transferable to the decedent's estate by any entity or person shall be transferred to the successor or successors of the decedent, if entitled thereto by will or by intestate succession, without having been granted letters of administration or letters testamentary, upon such successor's or successors' furnishing the entity or person with an affidavit showing entitlement thereto. Transfer of such personal property to the successor or successors shall be deemed to be a transfer to the personal representative of the decedent, and the receipt of the successor or successors shall constitute a full discharge and release from any further claim for such transfer to the same extent as if the transfer had been made to an executor or administrator of the decedent's estate. The affidavit required herein shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.