My husband got cheated out of the will of his parents can we do anything? 11 Answers as of July 02, 2013

My husband sister got his mom to name her husband as executor of her will. They changed to locks of the house and sold it and got nothing and it was to be divided 3 ways.

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
At the time it was going on, you needed to hire a lawyer. You can't sit on your rights, do nothing, and ask after everything is history.
Answer Applies to: Georgia
Replied: 12/30/2011
Law Offices of Frances Headley | Frances Headley
If the will was not followed there are remedies.
Answer Applies to: California
Replied: 7/2/2013
Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
Certain actions or conditions can invalidate changes to a will. An attorney can help you determine if you have a claim against the estate of your husband's parents.
Answer Applies to: Indiana
Replied: 12/30/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
If the property was transferred to her as a joint tenant or as a pay on death beneficiary and this occurred at a time when the parent was competent, it may be an appropriate transfer. If undue influence was exerted or the parent was not competent than it may be possible to set aside the transfer. If neither of those events occurred and a probate was opened. You will want to go review the court file and get copies of the filed papers. From the sounds of it, after you gather the facts, you may wish to meet with an attorney.
Answer Applies to: Nevada
Replied: 12/29/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
He would have to contest the will on the grounds that it wasn't properly executed, that the person executing the will was not competent or that they were unduly influenced. Will contests are very difficult and expensive to pursue as there is a preference in the law that a person is competent to execute a will to leave the property to whoever they so choose.
Answer Applies to: Alabama
Replied: 12/29/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The obligation of the executor (Personal Representative) is to gather the assets of the estate, pay the debts of the estate, pay any taxes due and pay the costs of administering the estate. If there are assets remaining after these payments are made, then a distribution is due to the beneficiaries / heirs. If it was necessary to sell the house to make the payments listed above, the house is not available to be distributed to the heirs.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Myles A. Schneider & Associates
    Myles A. Schneider & Associates | Myles Albert Schneider
    While living, people are free to change their will "at will" and are free to grant powers or property to whom they prefer. However, if the person is not of sound mind when making changes to their will or if there was some form of undue influence or duress imposed upon the person making such changes, one could argue that the new will is ineffective.
    Answer Applies to: Arizona
    Replied: 12/29/2011
    Law Office of William L Spern | William Spern
    The sale of the house, if by will, had to be through probate court. That court would have had the will probated that set forth the distribution. You should go the probate court where the deceased lived at death and consult the probate file.
    Answer Applies to: Michigan
    Replied: 12/29/2011
    THE HUBBARD LAW FIRM, P.C.
    THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
    Other than understanding that your husband seems to have received nothing from the estate of your mother-in-law ("MIL"), it remains unclear why you think he was cheated. Unless your MIL was incompetent or under undue influence when she made her will, she had the right to select anyone she wanted as the personal representative of her estate. In order for your brother-in-law ("BIL") to take any action, the will would have to have been presented with a petition to admit it as your MIL's last will and testament and the court would have had to appoint the BIL as the personal representative ("PR") of the estate (the party to carry out the terms of the will). Your husband should have received notice of all these proceedings and should have received a disclosure of what the assets of the estate were and the plans for disposition of the assets. If they did not follow this process, what they did can be undone. You will want to consult with an attorney directly and provide more details. Your MIL's name, date of death, and county of residence will allow the attorney to check with the appropriate court to check out what was or was not done. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.
    Answer Applies to: Michigan
    Replied: 12/28/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Contact the Probate Court file a complaint. The Executor must follow the terms of the Will.
    Answer Applies to: Georgia
    Replied: 12/28/2011
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The personal representative of a will and probate estate has to file accounts with the court, and you would have to have been given notice. It is likely that something else has gone on someone needs to look at the specifics of what was done, in order to know whether it can be undone.
    Answer Applies to: Oregon
    Replied: 12/28/2011
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