What happens if my mom had a will drawn up but never got it signed and witnessed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if my mom had a will drawn up but never got it signed and witnessed?
She wanted the kids to keep the house. I’m sure there will be some medical bills, except she had Medicare. How does all this process begin and where does it begin? Also, does her Will count for anything or does the state just start selling off her stuff?
Asked on February 20, 2012 under Estate Planning, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. If the Will was not signed and witnessed then it is not technically valid. You can agree, though, to follow the terms. However, if your Mother died intestate then the intestacy statute of your state will apply to her estate and most likely it will end with the same result: the equal distribution between the kids. Pne of you has to go to be appointed as the Personal Representative of the estate by filing a petition in Probate Court. The state will not step in if you do. 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.