What happens with a non probated will? 5 Answers as of April 26, 2011

Will was drawn up in 80's. Father died in 2008 with this will (codicil was added in his handwriting changing executor). In late 2007 he signed a paper gifting the house to one child. (not sure he was of sound mind and knew what he was doing). Then mother died late 2010 with a 3rd will leaving all house contents to same child. There was absolutely no mention of other child...all of this done with no knowledge to other child who thought all was as it was in the 1st will. Can child left out sue for part of fathers contents worth based on orginal will of his which was never probated?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
If the Codicil was handwritten, it is likely unenforcible and would not be honored by a Court. I suggest you speak to an estate attorney as soon as possible to see if you have any additional rights to seek some part of our father's estate and your mother's estate, since her estate may well be contingent upon your father's estate. This is especially so in light of the fact that there may have been undue pressure put upon either or both of them.
Answer Applies to: New York
Replied: 4/26/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You should get your case evaluated by an attorney. It is possible that you may have grounds for a suit - unless father's will leaves everything to mother (which is usual).
Answer Applies to: New Hampshire
Replied: 4/19/2011
Benari Law Firm
Benari Law Firm | Arik T. Benari
Anybody can sue for anything. Whether you have a chance at winning is another issue. You need a competent probate attorney to review the facts in much more specific detail.
Answer Applies to: Pennsylvania
Replied: 4/18/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
If there are no assets subject to probate, it doesn't matter what the will states. You are suppose to file a wlll with the court within 10 days of death, but there is no penalty unless someone complains.
Answer Applies to: Florida
Replied: 4/18/2011
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