What happens when there is an error in the will?

[mruck]

What is the name of your state?What is the name of your state? NM

I've posted on here before but now we have a different problem. My father-in-law passed away 2 months ago. His son and only child (my husband) is the PR of the will. My FIL had a spouse (not my husband's mother) who is not letting my husband inventory the estate and says she's keeping everything. There have been numerous problems with this will. The newest problem is that there is a huge error in it. In the article where my father-in-law leaves his other property and personal items of every nature and kind real or personal to his son, it states after this that "in the event we don't divorce or file for legal separation." If we do divorce... I then leave my property to my son, (name of same son)." So, it repeats itself. The widow is saying that her name should have been in the first part since you can't divorce your son and then leave everything again to that same son. There were other errors not in my husband's favor as well, which looks like he may receive nothing at all which was not his dad's intentions. It's just wierd. Would this then be an invalid will or would each party just have to mediate and make decisions as to who gets what. What happens if it's deemed invalid? Also, what recourse is there against the attorney who drew up the will?

 

[JETX]

"What happens if it's deemed invalid?"
*** If the entire will is thrown out by the probate court, then the estate is distributed in accordance with your states intestate laws.

"Also, what recourse is there against the attorney who drew up the will?"
*** Sounds like there could be some liability by the attorney to the estate, but that will largely depend on a FULL review of the facts by a local attorney.