How can my mother’s husband destroyher Will and get away with it?

UPDATED: Aug 21, 2011

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How can my mother’s husband destroyher Will and get away with it?

My mothers best friend just informed me that she wrote my mothers Will out exactley the way she wanted it; she printed it out for her. Then a few minutes later her husband took it from her read it then riped it up in front of her. Her friend also told me he didn’t do anything my mom directed in her Will. I need some help because he wants to take the house and land from me and I won’t let that happen; my passed away there. He got rid of everything that was left to me. I never saw the Will are the death certificate. All I got was a picture of my mother.

Asked on August 21, 2011 Alabama


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the situation that has occurred.  You need to seek legal help in your area.  First, is there a copy of the signed Will?  If there is then you could attempt to prove the copy and submit it to court for probate.  If there is not then your Mother is considered to have died "intestate" and the intestacy laws in the state will apply.  Was the house and property held jointly with her husband with rights of survivorship?  Then the property became his upon her death. In fact, any assets that were held jointly became his upon her death.  Any assets that were not held jointly have to go through probate and as estate proceeding has to be done.  Please get help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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