What happens if someone dies with a Will but no one has acknowledged it?

My father recently died. According to his brother he had no Will. His wife not my mother got everything. I found a notarized Will I had in my possession from 36 years ago. Does this null and void anything she did when she obtained power of attorney over my father? I know she changed at least 1 insurance policy naming me as beneficiary to herself as beneficiary.

Asked on September 1, 2015 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Insurance policy was changed by him or his power of attorney? Was he of sound mind when it happened? Did she know he had a will? Did anyone know he had a will? At this point, does the will you have contain any specifics regarding insurance policies and other such items?
You may wish to file a consumer complaint with the insurance regulator at the state level and file a claim with the insurance company before it is paid out. Then, immediately seek counsel to probate the will you have.


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