Probate question

Question Details:

Father passed intestate; estate has not yet gone to probate. Mother is terminal. Is there a provision to put in her will to enable siblings to settle father's estate?

Asked 10/14/2009 under Wills, Trusts, Probate | 188 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

The first question is whether mother is still competent to make a will.  If so, the next question is, what does mother want?

Mother should have her own lawyer help her with this, and if she doesn't have a lawyer, she should pick one herself.  Otherwise, whichever sibling helps her pick the lawyer will be open to charges of undue influence.

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