Is it legal to open a Will if the person who made it is not yet deceased?

UPDATED: Sep 28, 2014

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Is it legal to open a Will if the person who made it is not yet deceased?

Asked on September 28, 2014 under Estate Planning, Indiana

Answers:

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

Answered 8 years ago | Contributor

What do you mean by "open a Will?"  Do you mean file a Probate Petition and admit the Will to Probate?  The Will is not valid until the person passes away so that can not be done.  Some states allow you to file a Will with the probate court but that is all that can be done in court at this time.


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