Is a separate writing binding over a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a separate writing binding over a Will?

Mom died with a will to split everything between 3 kids. Now sister has found a note that mom wrote leaving house to her. No date. Is this legal? The sister wants to keep the house and says the note is legal and binding. She had said the note had no date as to when mom wrote it but we suspect it was when mom was heavily sedated and not in her clear mind. Mom had told us before that she was leaving everything to the all of the kids to fight it out. Now this note appears after mom has died. What can we do?

Asked on April 7, 2012 under Estate Planning, Michigan

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

Complete bull.  This is a weak attempt to defraud the estate.  The terms of the will are controlling.  Get the will probated immediately and retain counsel to assist you in doing so and in taking care of this nonsense.  Do not attempt to administer the estate on your own. 

For a sense of what is involved in administering an estate in most states, please see the following two articles:  Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html  and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estate__administration_duties_of_executor_and_administrator.html

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Ignore the note.  I am fairly certain that it is not legal nor is it binding.  That she had a Will is great.  Have the named executor submit the Will to probate giving the appropriate notice to those under the law.  Get an attorney to help you here.  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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption