Is a separate writing binding over a Will?

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Is a separate writing binding over a Will?

Mom died with a will to split everything between 3 kids. Now sister has found a note that mom wrote leaving house to her. No date. Is this legal? The sister wants to keep the house and says the note is legal and binding. She had said the note had no date as to when mom wrote it but we suspect it was when mom was heavily sedated and not in her clear mind. Mom had told us before that she was leaving everything to the all of the kids to fight it out. Now this note appears after mom has died. What can we do?

Asked on April 7, 2012 under Estate Planning, Michigan

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 11 years ago | Contributor

Complete bull.  This is a weak attempt to defraud the estate.  The terms of the will are controlling.  Get the will probated immediately and retain counsel to assist you in doing so and in taking care of this nonsense.  Do not attempt to administer the estate on your own. 

For a sense of what is involved in administering an estate in most states, please see the following two articles:  Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html  and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estate__administration_duties_of_executor_and_administrator.html

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  Ignore the note.  I am fairly certain that it is not legal nor is it binding.  That she had a Will is great.  Have the named executor submit the Will to probate giving the appropriate notice to those under the law.  Get an attorney to help you here.  Good luck.


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