Is will legal?

[sharonsway2]

What is the name of your state? FL
1)My mother's will states that the house is mine until she passes and then it is to be sold and divided among the 4 siblings. My mother passed this last year and now my sister says the signature of the witnesses on the will was not notarized and cannot be processed in the state that she was deceased.
She says Mom's lawyer recommends the house be put in trust until such a time the house is to be sold. Can I request a copy of the will as it is to verify this?
2)She also wants my husband's signature agreeing to this. Is this legal as well?

 

[nextwife]

A will has no standing UNTIL the person dies. So the part about living there "until she dies" is irrelevent, as she HAS passed away. What are you contesting about the will? That it be sold and proceeds divided? Isn't that what was understood?

Are they having trouble filing the will- as it was not witnessed?

 

[sharonsway2]

RE:A will has no standing UNTIL the person dies. So the part about living there "until she dies" is irrelevent, as she HAS passed away. What are you contesting about the will? That it be sold and proceeds divided? Isn't that what was understood?

Are they having trouble filing the will- as it was not witnessed?
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My mother passed in June last year..my husband and I are living in there presently but the home cannot be sold until repairs are done to the house..i.e. Aircond, ext. repairs and painting and such.

They (the siblings) are willing to let us stay in the house for whatever amount of time is determined good for all involved and as long as we are in the house we agree to keep it in good working order. The upon the sale of the house the monies would be divided amongst the sibling. But what I don't understand is why they need my husband to agree to sign the trust. Her statement is that the lawyer said he could draw up this trust and have all the siblings sign as well as my husband.




__________________

 

[Dandy Don]

Is your sister the executor of the estate or is it someone else?

As a beneficiary, you automatically have a right to a copy of the will. Check at the county courthouse probate court to see if it has been filed--you can get a copy there if they have submitted it for filing. If not, you can request a copy of it yourself from whoever has it.

 

[sharonsway2]

My sister is the Executor. No copy of the will has been handed over to any of us to date. It is my belief that the will has yet to go to Probate.

 

[sharonsway2]

The email I received from my sister yesterday says that my mother's lawyer called her and has papers from the court..the court found Mom's will not to be sufficient in Missouri, something about the witnesses on the will needed to be notarized individually.

 

[Dandy Don]

Please get clarification from the attorney as to what his reasons are for wanting to put the house in a trust and whether that is normal procedure, or you should at least get a second opinion about this from another probate attorney. There doesn't really seem to be a need to actually put the house into trust if normal intestate probate procedure is followed.

 

[sharonsway2]

Is this will legal

Please get clarification from the attorney as to what his reasons are for wanting to put the house in a trust and whether that is normal procedure, or you should at least get a second opinion about this from another probate attorney. There doesn't really seem to be a need to actually put the house into trust if normal intestate probate procedure is followed.


I just spoke with the attorney handling this. He said that the will was able to be probated in Missouri due to some language in the will that Missouri courts don't recognize. I still don't understand. The trust was suggested to protect all parties even me in case a divorce pops up all of a sudden and I am just getting more and more sick about this family mess. My husband has no desire to have any part of this estate and we are at a loss what to do. He says basically it sounds like the family is giving us permission to live in the house conditionally. So much for family trust..HA..HA legal trust business style is what I am seeing. My mother would be rolling in grave right now if she knew this was happening. I would give an arm and a leg if I could just pack up with my husband and leave. He may leave before the weekend is up due to all of this.