Estate Law Questions? Ask an Estate Lawyer.
Hello, how are you today? So your step son was named the trustee or a trust, or the executor/personal representative of your ex-husband's last will and testament? Also, other than the mispelling of your son's name, is there anything else that is fishy about the will?
Did he execute it right before his death? Was he ill or mentally handicapped when he executed it?
He also spelled my step son's last name wrong
No it was done in 2007. I dont know
They all have the same last name
I understand. A beneficiary under a last will and testament is free to what is called contest the will, if he/she believes that the testator (the person executing the will, your ex in this case) was not of sound and sufficient mind to execute the document to the extent that he was unable to understand the nature of the document he was signing. Further, wills to be in conformity with the law, have to be attested (witnessed) to by two individuals to be valid, and the document must be signed by the testator. The witnesses can be witnesses at a will contest hearing. A will contest hearing allows a beneficiary under the will, or an individual stating that he/she should have been a beneficiary, to contest the validity of the document, and the disposition of the properties in the estate.
However, mind you, in a lot of wills, there is a provision known as a "no-contest" provision that provides in general, that any beneficiary who attacks the will and the wishes of the deceased, if unsuccessful in that venture, will forfeit their right to any of the properties bequeathed to them in the will.
They will be treated as "predeceasing" the individual who died.
It is odd that he misspelled his son's name, and step-son's name, but they may simply be a drafting error by the attorney who drafted it.
What happens if we cant find the witnrsses or they have died
It does not necessarily show that the will was not executed properly, and conveyed his last wishes in conformity with what he wanted.
Then you will have to challenge the validity of the will without their testimony. You could provide testimony that would show that this will is not a valid document because it was not properly executed, or that he said he was going to do X, but the will states something completely different.
Does that answer your question?
If so, and you do not have any other questions please provide a positive rating by selecting the smiley face and submitting so that I may be credited for our time together, if you have other questions, or if you would like clarification or elaboration on the answers provided, please feel free to ask and I will gladly help you with those.
Who would we see about this matter, and I know he did not leave him out on purpose
You would have to see an estate planning attorney or an attorney who specializes in estate law and probate work.
They would have to file a petition challenging the will and have it set for a hearing to present testimony.
Thank you, XXXXX XXXXX have a copy of this in my email
I am not sure as I do not deal with the customer side, but what I always recommend is that once you provide the positive rating by clicking the smiley face submitting, to copy and paste the chat to a word document or note pad document so that you can reference it for the legal information that I have provided.
Thank you for your comments, I have found out that the wrong spelling of my sons name was covered over with tape, with his real name written on the tape, but it was not intialed by. anyone. Also, he was a partner in a gold mine in Jackson, California and there is no mention of it in the will.
Than ou for your help