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Misplaced Will

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P

PA Schwhi

Guest
Oklahoma. I married a widower recently. After his first wife passed away his step-daughters had him sign a will. In his grief he did not read it nor does he know whats in it. His step-daughters carry alot of animosity towards me and I requested he add to his will that if anything happens to him I have 30 days to move out. He does not have a copy of his will and his step-daughters claim not to know where it is. What can he do?
We are both in our 40s, have our own personal property including home and land but since we have married have accumulated some personal property but in his name. What will happen to this if the "ghost will" is not corrected?
I would appreciate some insight into what to do. Thank you.
 


A

advisor10

Guest
JUNE 2, 2001

DEAR PA:

Have a NEW WILL drawn up (preferably by an attorney) that will automatically take priority over the old one. Actually, both of you should have your own separate wills prepared, in case something should happen to either one of you. A will is supposed to be updated every time there is a major life change in someone's life, such as a remarriage or birth of a new child, but many people forget to do it.

If the house is paid for, have your husband add your name to the title.

Explain to your husband that he was taken advantage of (called "undue influence") when he signed the old will without thinking clearly and while under the stress of grieving. If he really cares about your quality of life and your living arrangements, then he should agree to protect what is in your best interests, but can still name the stepdaughters in the will by leaving them something, too. It would also be a good idea for an inventory of the personal property be made with designations as to which person gets each piece of property.

SINCERELY,

[email protected]
 

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