Can an unnotarized statement on a piece of notebook paper legally change a properly written and executed Will?
Question Details:
Wife and husband drew up identical Wills. The wife dies 4 years before husband. Then 2 weeks before husbands death, husband's son states that his father wanted his sister to get the house. The Will explicitly states that all estate property not designated in the Will is to be sold and divided evenly between the 6 heirs. The son has subsequently stated that he could get sworn affidavits that confirm the son's statement. Can an affidavit legally change the Will leaving the wife's wishes completely out of disposing the estate property?
Wills, Trusts, Probate Law Answers
I can not tell her if the husband passed and there was a change in the Will or this is just heresay and a piece of paper. Generally speaking, oral Wills are not allowed unless in extreme circumstances- like war time - and a handwritten piece of paper does not take the place of a properly executed Will. I would speak with an attorney in your state to confirm. Good luck.
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