What to do about a shady situation with my sibling and my parents’ supposed Wills?

UPDATED: Jul 29, 2011

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What to do about a shady situation with my sibling and my parents’ supposed Wills?

My brother brought my parents over to his house to have his friend, who he said was a lawyer, have them sign their Wills. It’s been 4 months and my mother cannot seem to get a copy for herself. She never read what she signed and now when she asks my brother he says the “lawyer” hasn’t finished writing them up yet. How is that possible?

Asked on July 29, 2011 New Jersey


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

Answered 11 years ago | Contributor

It is not possible.  A Will must be drawn up before it is executed.  Does your Mother or Father know the name of the attorney?  So I think that the best thing for your parents to do is to go and see an attorney that has no affiliation with either you or your brother and have that attorney draw up a Will revoking any other before it and explain the situation with the attorney.  Ask if there is something else possibly to do like to create a trust and transfer the property.  And have the attorney write a letter to the other attorney on their behalf.  I am worried that they signed something that is not their wishes.  Good luck.

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