If my father recently passed away and my mother found a Will that is over 30 years old, if she left him 3 years agodoes she still have the right to everything?

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If my father recently passed away and my mother found a Will that is over 30 years old, if she left him 3 years agodoes she still have the right to everything?

Asked on December 29, 2011 under Estate Planning, North Dakota

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 as it seems to be. The key here - which you do not mention at all - is if your parents were divorced at the time of your Father's death or if they had entered in to any agreement that discussed this issue "just in case" one of them died during the divorce proceeding.  If they were legally married at the time of his death then she can probably probate the Will. Wills don't "go bad" as they say but there can be property mentioned that say does not exist any longer.  I think that you need help here from some one in your area that can review the matter in greater detail.  Good luck to you.


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