Both of them had always said they had a right of survivorship will. However the deed (which I have) doesn't say that. It just has both their names followed by their heirs and assigns forever, the following described real estate.
My sister in laws will was determined to be invalid (notarized but no witnesses). My brother's will left everything to his wife (it was assummed he would die first). He did not have any provisions regarding if she predeceased him. He did not have any children, so whatever remains goes to his siblings.
Yes, that is the deed. His actual will just left the vehicles to his niece and nephew and everything else to his wife. He wrote the will himself but he did have it properly witnesses so it is valid...but deficient.
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My sister in laws administrator and I both want to auction the house and disburse whatever is left appropriately. Our problem has been the attorney (for both estates) will not file the necessary papers with the court and they are afraid to change attorneys. Is there any point to talking to someone at the Probate Court?
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