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no will, then holographic filed?

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A

agnesh

Guest
my dad died january 2001. in texas . he resided in houston. my sisters and i went to houston. his wife of 20+ yrs. told us he had no will. we told her (verbally) we wanted her to have the house, car, ss, anything they had together. at funeral home we are literally follwed around by briefcase carrying, pen in hand attorney wanting us to sit down and formally sign some document. NOT a good time, we asked him to back off. after funeral we (sisters) find out there is a will from a relative of ours in pennsylvania who had died a few months before my dad, naming him and a 2nd cousin of ours (sisters). In that will (i saw briefly only once) in case of dad's death then to his heirs. Now, we really back off. at that point, i wanted to have more information. did not receive more information.
in sept. 2001 i receive a letter from this attorney (same one) requesting that i sign the enclosed document, have it notarized and send it back. the document is very brief...something like I........release all ..now and in the future...to his widow. i did NOT sign this....there was nothing stating WHAT i was signing off on?!? one of my sisters said "don't do anything, the court will have to contact us."
now, i receive a letter feb 2002 from same lawyer (not a good feeling about this guy or my father's wife) with copies of the "Order Admitting the enclosed holographic will of...(my father)...into probate as a muniment of title." lawyer stated in the letter it was necessary to admit the will to probate as a muniment of title in the absence of a response to his sept 2001 letter.
the will does appear to be his writing and signed by him, dated dec 1984; no witness, no notary. it is however stamped as a certified copy, dec 19 2001, filed with county clerk dec 2001, and purported will. (3 stamps) it is very brief, but does state "to my wife if she shall survive me, or if she shall not survive me then equally to our surviving children" they had no children together.
there is also a copy of an order admitting will to probate as a muniment of title document certified by same , but on dec 20 2001
and filed by his wife.
what do i do now? 1) we do not want her to benefit from the will in pennsylvania 2)we feel we were lied to regarding a will ! why?
i would like my sisters and i to benefit from the will in pennsylvania as i feel it is our family. HELP!
 
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ALawyer

Senior Member
Guys, you are about to get screwed out of anything you have coming. GET A LAWYER to represent your interests NOW or you will lose everything. That so called "holographic will" may be a forgery leaving everything to her. If the PA relative did not provide for a long survivorship period (that anyone who survives him has to live X months or is deemd to have predeceased him) then th emoney from PA becomes part of your father's estate, and his wife gets it. It, unlike stuff they had together, would be separate property.
 
A

agnesh

Guest
dear ALawyer,
thank you so much for your prompt reply. are you saying that our relatives' will in PA should be considered seperate property? I got a name of a lawyer today, and am calling tomorrow. I just need advice on how to explain this to him. i know, i know, he is a lawyer he will know what to do....but what should i expect, re something that is very costly? how much does it cost usually to go and present my info. to a lawyer? will this lawyer be able to stop them? I feel like, how dare you treat us this way.....i know, should not be emotional.
thanks again!
agnesh:mad:
 

ALawyer

Senior Member
It may be hard, but don't be emotional. It is only money.

The lawyer probably will charge a from $250 to $1000 to look into this, and probably will call the lawyer for the woman, ask for copies of the papers, examine the will, look at the time line, and advise you what the options are and what it looks like to him/her. (Lawyer fees are often $150 - 300 per hour, or more.)

Then you'll have an answer you can rely on. Just explain it to the lawyer like you did to me.

IF it is necessary to have a Will contest, that can be VERY expensive, an dinvolve handwriting experts, etc. BUT first things first. Often when a lawyer gets involved the other side knows you are serious and backs off ridiculous claims. But if there is a Will, that won't make them roll over and play dead.

Inheritances do not become community property unless they are mixed into the community property.As he died before the money came, it is his separate property. That won't help you if he actually left everything to her in a valid Will.
 

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