My father passed away leaving his children as the sole heirs in his will, but I have recently learned that a grandson in the family has greedily manipulated some notarized document claiming ownership of my fathers house and car. My father would have never knowingly signed any document giving him ownership of anything. Does a notarized document override the original Will?
ATTORNEY ANSWER BY MARGARET L. CROSS:
The will only governs the assets which go through probate. Re-titling an account so that it is joint will take the account out of probate. Adding a person to a deed will also avoid probate. This does not revoke the will. If your father was tricked into giving his assets away, a judge can issue an order to bring the assets back into the probate estate. You will have to prove that your father was incompetent or truly did not understand what he was signing. You need to consult with a probate attorney as soon as possible.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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