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will contest

Can the executor of someone’s estate help them change their will?

ADDITIONAL INFORMATION: It is my uncles will. My mother is his sister. Initially my uncle put me and my 2 sisters on his will to inherit everything. Recently he has become very ill and we found out we were removed and now everything will go to my mother. We have suspicion that she did this without asking him. So is it possible for her to do that? Someone who is in charge of the will to

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Do any of you advise against using online template forms to create your own Will, Power of Attorney and Health Care Directive?

ADDITIONAL INFORMATION: Some of my colleagues have used these forms to create their own Will and Power of Attorney–not sure about Health Care Directive. As long as they are notarized, I assume these documents are considered as legal as those created by an Attorney–or am I mistaken? Are there cautionary tales you wish to share? Is there an online resource for these forms that you recommend? What range of costs should I expect if I complete

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Does an executor need to disclose how money is being spent?

ADDITIONAL INFORMATION: My mother had a stroke, but is very cognitive and alert , she is in rehab. My brother has taken over as executor to pay bills. As one of 8 siblings I have asked several times how the bills are being paid. I have asked for detail info since I knew exactly what was in her accounts. I have been told that I do not need to know, or how the money is being

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Do I have to divide any money or estate left to me if not instructed to?

ADDITIONAL INFORMATION: I have just lost my grandmother.  She left me her 401k, life insurance, and I’m pretty sure her estate ANSWER BY MARGARET CROSS-BELIVEAU: As a beneficiary of the 401(k) and life insurance, you will inherit these assets outside of probate.  Her estate will be governed by her will.  If she named you as the sole beneficiary, then only you will inherit.  Legally, you are not required to share a bequest that a testator made

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Will my father lose his home??

ADDITIONAL INFORMATION: My father is 80 years old and his wife Gracie is 72. They have been married for 32 years. My father has 3 children with my mom, he and his wife have no children together and she had no other children previously. She owned their home when they got married and they have had several subsequent mortgages; currently they are upside down in mortgage debt. Gracie has bequeathed the home to family members other

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I may need an attorney willing to sue AT&T?

ADDITIONAL INFORMATION: My mother left her AT&T stock to me in her will. My sister (executor) is very spiteful now and claiming my stock as hers. Has even sold one of them. How can they assign stock without proof that it in fact belongs to the person claiming to be that person, since she has all my personal information for probate? I even sent AT&T a copy of the will showing them it was mine legally.

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Can a Will be written to say that a home is left to remaining siblings but if they die their share goes back to the others?

ADDITIONAL INFORMATION: My husband owns his family home (he does not live there). His brother lives there. He wants to put in his Will that the house is left to his seven brothers and sisters. He wants this house to remain in the family. He does not want any spouse or dependents to get this property. It’s like the last one standing will get the house. Is there any legal way to address this in a

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What can I do if the executor of a will is refusing to follow the wishes in the will?

ADDITIONAL INFORMATION: My mother left her estate to her 5 daughters equally. (per her will). The executor, one of the daughters, is not executing her wishes. She will not even speak about it. She did not tell us about the will. We found out by writing several lawyers in town. It has been over 2 months since our mother passed. She (the executor) has all ready taken property out of the house which was supposed to

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If a living trust and last will gets modified within 180 days of death, is it valid?

ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that

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Does a living trust have precedence over a previously written will?

ADDITIONAL INFORMATION: My mother in law recently passed away. She had been going downhill since she had surgery August of 2016. She was showing signs of dementia and it got worse as the days went on. Her previous doctor even has that in her medical records. Before she had surgery she filled out a will.  She had four children. In the will she left all four children equal shares of real estate that she owned. In

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