How can my mother’s husband destroyher Will and get away with it?

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How can my mother’s husband destroyher Will and get away with it?

My mothers best friend just informed me that she wrote my mothers Will out exactley the way she wanted it; she printed it out for her. Then a few minutes later her husband took it from her read it then riped it up in front of her. Her friend also told me he didn’t do anything my mom directed in her Will. I need some help because he wants to take the house and land from me and I won’t let that happen; my passed away there. He got rid of everything that was left to me. I never saw the Will are the death certificate. All I got was a picture of my mother.

Asked on August 21, 2011 Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation that has occurred.  You need to seek legal help in your area.  First, is there a copy of the signed Will?  If there is then you could attempt to prove the copy and submit it to court for probate.  If there is not then your Mother is considered to have died "intestate" and the intestacy laws in the state will apply.  Was the house and property held jointly with her husband with rights of survivorship?  Then the property became his upon her death. In fact, any assets that were held jointly became his upon her death.  Any assets that were not held jointly have to go through probate and as estate proceeding has to be done.  Please get help.  Good luck.


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