Wills

[Ohio Girl]

This is my first time posting. I am looking for some advice.

My Aunt died in Dec of 2000. She had a will, but the attorney forgot to put the "rest and residue" clause in it. I noticed this, and he assured me that it wasn't needed. I was to be the only beneficiary. My Aunt has 2 sister, my Mother being one of them.
Since there is not a rest and residue clause, the assets will be divided between the two sisters. The 2nd sister hadn't spoken with my Aunt in 20 years and told her never to come in her home again. My Mother was the primary care giver for my Aunt for the last year of her life. My Mother didn't want any of the assets to go to her, as she is also getting older and she didn't want me to have to hassle with probate, etc.

Is there anything I can do to prevent my Aunt from receving the money.

The will mentions that I get the house, contents and real property.

The attorney that drew up the will died last month.

Thank you

 

[advisor10]

OCT. 3, 2001

DEAR OHIO GIRL:

Why are you so sure that it's the "rest and residue clause" that is the problem here--who told you that? It's kind of hard to evaluate your situation without seeing the exact language of the will.

Something is a little bit confusing about your posting--were the aunt's 2 sisters names mentioned anywhere in the will? How could that be if she didn't want 1 of these sisters to have anything?

Seems like the will may have been somewhat poorly written or was at least vulnerable at some point.

If this estate is still open and being probated in court, you should seriously consider hiring another attorney to advise you on how to proceed--whether you have adequate grounds to protest the validity of the 2 sisters being heirs or whether a claim for malpractice could be made against the deceased attorney's malpractice insurance company.

SINCERELY,

[email protected]

 

[Ohio Girl]

The only sister mentioned in the will was my Mother. She is entitled to a life estate in my Aunt's home, which was left to me along with the contents.

There was no mention of anyone else in the will. Just my Mother and myself. The will stated that I was to get home and contents and my Mother had a life estate in the home as long as she lived.

End of will... besides naming me executor.

I've spoken with a few attorneys and was told that it would be hard to prove my case, as the only 2 witnesses would be my deceased aunt and the deceased attorney.