my nightmare
Member
What is the name of your state? North Carolina
I have heard that it is very hard to prove a will is invalid?
My sister had a will drafted by the magistrate of our county in 1996. She died in 1997 and the will was filed at the courthouse in August of 2005. The will did not state any of her last wishes. (She told me what she wanted in her will and she said the magistrate was taking care of it.) The will is a form will and the magistrate just wrote in specific items.
I and my brother signed the will as witnesses, but we did not see my sister sign the will. Her signature was on the front page where we would have seen that her last wishes were not followed through. At the time that she was supposed to have signed she had 2 brain surgeries and was having trouble reading and writing.
Her will states that her husband receives all and her children will receive if he dies before her. Her husband has passed away 2 years ago. He let their home go into foreclosure and all of the personal property has been disposed of. The executors named were her husband and her children if her husband dies first. Her children have not stepped up to be the executor yet. What happens if noone decides to be an executor of the will?
The will states that another brother and sister will inherit what she owned if all of the family are killed in an accident. But the will states that they are her brother and sister in law.
The will was not notarized but the magistrate signed in the place of the notary.
Does anyone know what could be done about this will because I know in my heart that it was not her last wishes?
I have heard that it is very hard to prove a will is invalid?
My sister had a will drafted by the magistrate of our county in 1996. She died in 1997 and the will was filed at the courthouse in August of 2005. The will did not state any of her last wishes. (She told me what she wanted in her will and she said the magistrate was taking care of it.) The will is a form will and the magistrate just wrote in specific items.
I and my brother signed the will as witnesses, but we did not see my sister sign the will. Her signature was on the front page where we would have seen that her last wishes were not followed through. At the time that she was supposed to have signed she had 2 brain surgeries and was having trouble reading and writing.
Her will states that her husband receives all and her children will receive if he dies before her. Her husband has passed away 2 years ago. He let their home go into foreclosure and all of the personal property has been disposed of. The executors named were her husband and her children if her husband dies first. Her children have not stepped up to be the executor yet. What happens if noone decides to be an executor of the will?
The will states that another brother and sister will inherit what she owned if all of the family are killed in an accident. But the will states that they are her brother and sister in law.
The will was not notarized but the magistrate signed in the place of the notary.
Does anyone know what could be done about this will because I know in my heart that it was not her last wishes?
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