What if the information is not updated on a Will?

I am co-executor of my mother’s Will. There is an estate battle for her house between me and the other co-executor. The Will states the house and furniture are to be sold and split 50/50. The co-executor is trying to force me to purchase the house and property from her. She is withholding the deeds for a couple of properties to get me to pay her the money for the house. The Will states the wrong address for house. My mom sold that house and purchased another one. Anyway I can use that to get the house?

Asked on July 12, 2012 under Estate Planning, Kentucky

Answers:

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

Answered 8 years ago | Contributor

I would strongly suggest that you seek help from an attorney and more importantly, a mediator, to help here.  This is really not a positive situation.  When property mentioned in a Will is no longer a part of the Will it is generally simply disregarded.  When there are additional assets that are a part of the estate they can be distributed two ways: as per the residuary clause ("the rest, residue and remainder" clause), or via the intestacy statute.  Strong arming each other is no way to behave.  Good luck.   


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