Can my uncle's wife and son disobey my uncle's will? 6 Answers as of October 07, 2014

My uncle passed in 2010, under his will he left his wife three properties in the US and gave a piece of land in Mexico to his brother that lives there. Now uncle's wife and son are threatening his brother and parents of the deceased that they will travel to mexico to take the property away from them. All this causing the elderly parents to have fear and get ill. Do they have legal rights to take the property even after it was clearly stated what uncle wanted in his will?

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Law Offices of Frances Headley | Frances Headley
Unless the will is declared invalid for some legal reason, the Will controls who gets the property and anyone going against the will can be brought before the probate court. In addition if the Will has a no contest clause then anyone going against the will can lose any inheritance they were to receive under the will.
Answer Applies to: California
Replied: 10/7/2014
Law Offices of George H. Shers | George H. Shers
You need to establish who had title to the property in Mexico. Your uncle's Will, if valid, must be followed. Ask them on what basis they are claiming they have a right to the property. Check with an estate attorney as to what the law is in Mexico; you should be able to get a free initial 15-20 consultation.
Answer Applies to: California
Replied: 10/6/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
There should have been a probate of the will, and there should be, as a result, a court order making distribution. You should have something in the nature of a notice, giving the Court case number, and from that you can go on-line to the court web-site and see what happened. However, the Cal court would not have jurisdiction over out-of-state real property; an ancillary proceeding would have been necessary.
Answer Applies to: California
Replied: 10/6/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
They probably have no reason to worry. But they need to consult a Mexican lawyer.
Answer Applies to: California
Replied: 10/6/2014
James Law Group
James Law Group | Christine James
No. They need an attorney in Mexico.
Answer Applies to: California
Replied: 10/6/2014
    Danville Law Group | Scott Jordan
    No they cannot. Has a probate been opened in court? One should be opened and the the wife can be removed as executor.
    Answer Applies to: California
    Replied: 10/6/2014
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