What to do about a provision in a Will that was never performed?

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What to do about a provision in a Will that was never performed?

My great-grandmother, who passed away 19 years ago, left in her Will that her house was to go to her oldest son provided that he pay his 3 siblings $1000 within a year of her death. The Will never went to probate court. Her son never paid his siblings and he is now deceased. He has only 1 living sibling who is his sister, my grandmother. Since she was never paid by her brother. Is my grandmother now the beneficiary of the house? Does the will still need to go to probate?

Asked on October 11, 2012 under Estate Planning, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Will that you have written about assuming there is the original around or a copy of it MUST be probated. Wills are required under the laws of all states in this country to be probated. Title to the home that you have written about cannot be transferred absent a probate order concerning the unit unless there is some trust that the home is part of.

In order to see who is entitled to the home you have written about, the Will needs to be analyzed by an attorney to see what the terms and conditions are as to it and if the requirements under it have been satisfied. You should consult with a Wills and trust attorney about your matter.


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