Mirror of Justice - All about Law and More
*Home>>>Probate Law

Do I need a probate attorney for this?


I recently married a widow that has an existing valid will, leaving everything to her only child daughter from the first marriage. After four months of marriage, my new wife died before we could revise the original will. Step-daughter has now expressed interest in trying to nullify the original will and making me, the new husband, the sole beneficiary. We have gotten along well, so far, but my inclination is to just execute the existing will. Let her have everything and perform her duties as both executor and sole beneficiary. Money-wise ..assets v. debts.. it will be a wash.. so that isn't a factor.


Can anybody suggest why I shouldn't just hunker down as a legal nobody in the current picture and let the original will probate out?

I'd do exactly that. I doubt you have grounds to "nullify" the will. IF the beneficiary wants to make you a gift of some of the personal property, it doesn't have to have anything to do with probate; same with the funds except for possible tax issues.

Tags
  Sexual Harassment   Securities Law   Real Estate Law   Real Property Law   Professional Responsibility   Probate Law   Products Liability   Personal Injury Law   Native American Law   Military Law   Medical Malpractice   Mediation
Related information
  • Can I do probate myself if I am not an executor

    That's what happened to me. If the executors are alive they execute the will in accordance with your fathers wishes. If one or more executor is a solicitor, you would have to pay their fee to ...

  • In the Swearing of an Oath for "A Grant of Probate" is it necessary to swear on a Bible ?

    No it is not necessary to use the bible. There are various different oaths depending on ones faith or religious beliefs, including the affirmation for atheists or those with no religious belief....

  • Where can i find a Texas probate attorney to work Pro Bono or on a contingency?

    Call one or more of the law schools in Texas and find out who the Professors are that teach the Probate Law classes. One of them should be able to point you to one of their former students who mig...

  • Legal question about probate court?

    If you want the probate to go smoothly the first time, talk to a lawyer. Asking for legal advice here on something so important is not a smart idea.

    ...
  • Cashing Social Security check on same date of death.?

    No. She committed fraud by forging his signature on the check. Even if she had POA,the check should have been returned to SS since your grandfather had already passed. It says on the outside of th...

  • How to get a court order?

    your best bet maybe to contact a probate lawyer...they may give you the info for free...good luck

    ...
  • Must all wills go through probate court?

    no

    ...
  • The house was in a living trust so probate was not needed?

    If the decedent was the sole trustee, it would require the appointment of a successor trustee in order to get the deed transferred to a new owner. It would not require such appointment if there is ...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster