unsigned will

[nurse77]

What is the name of your state? texas
my grandma passed away a couple of weeks ago and a week before she died a family member had a lawyer help her with a new will. She wasn't able to sign it. The orginal will supposidly left her house to me and my sister. Now nothing was left to us. Will this new unsigned will hold up even if we don't contest it? I don't want to cause a rift between our family, but I don't think she was herself when they brought the lawyer in. thank you.

 

[Dandy Don]

No it will not hold up, due to the fact that her signature is not on it. Start talking to a lawyer now to find out which relatives will be eligible to get a share of this estate.

 

[lwpat]

The executor will control the estate so this is very important. Do you have access to the previous will? If so who was named as the executor? Are they in your corner are are they the ones who tried to write you out? Do you know for a fact that the new will was never signed? Do you even know for a fact that you were in the previous will? Who has the previous will? If it is to their advantage it might just disappear so you need to be proactive in finding out the facts.

An attorney will be of little help until you know more about the situation and someone files in probate court to be the executor. Don't hesitate to contact one if you are being stonewalled. Where are your parents in all of this?

 

[nurse77]

the executer isnt in my corner, but she's the one who told us we were going to get the house. My parernts are why I don't really want to contest the will. It's complicated because she was my step-grandma and the house was my grandpas house before they were married. I don't know where the original will is I'm guessing my step-aunt has it. So I don't really know if we were included in the will or not it just seems funny they would say that then all of a sudden we're not mentioned at all. I just don't want to cause alot of trouble, but wanted to know if they could even use the unsigned will.

 

[lwpat]

Have you checked with the probate court to see if anything has been filed?

 

[nurse77]

how do I go about seeing if they have filed it in probate court? Also do you know how I can get an copy of the frist and signed will?

 

[Dandy Don]

Mention your grandmother's name and the city where she died so I can look up the address and phone number of the county courthouse for you and to see if any online information is available about this.

 

[nurse77]

how can I get this info to you without posting it so her name isn't on here?

 

[I AM ALWAYS LIABLE]

how can I get this info to you without posting it so her name isn't on here?

My response:

Um, hello! She's dead!

Why are you concerned about protecting the "privacy" of a dead person?

It doesn't matter if you mention her name here. No one can harm her now.

IAAL

 

[Dandy Don]

So who was the family member who helped get the will drawn up? It was the evil step-aunt, right? Too bad all her work was for naught.

How do you know for sure it wasn't signed? Is this what you were told or did you actually see it for yourself?

You can't actually believe what the executor tells you until you see whether there is a will, and it appears that there isn't one, which means that now the estate is going to be decided according to intestate law, which means that if your step-grandmother's husband is still living, the estate will be split between him and the children. If he is not living, then the children split everything.

Your parents need to attend at least one or more of the probate hearings so that they can be aware of what is going on with this estate. Too bad that you won't get anything as a grandchild since the grandchildren have no legal status as heirs if they were not named in the will.

You say that Mrs. Maye Belle Ogle lived in Halfway, TX, but another source I checked says that she died in Hurst, TX on Sept. 18, 2004. Therefore, you will need to check in 2 different counties to see if anyone has filed to open up this estate for probate (Halfway is in Hale County, and Hurst is in Tarrant County):

HALE COUNTY in Plainview, TX--Contact the courthouse at (806) 291-5261

TARRANT COUNTY PROBATE COURT in Ft. Worth, TX--(817) 884-1765

So why aren't you asking the executor where the filing is--they should be able to tell you that. It won't do much good to look for a will if they have no reason to submit one to probate court. They will have to file to have an intestate estate (meaning "without a will").


DANDY DON IN OKLAHOMA ([email protected])

 

[Dandy Don]

If no one has filed anything, then your parents need to get a probate attorney to get probate started.