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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23839
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My mom who passed on in Feb. changed her will. She hand wrote

Resolved Question:

My mom who passed on in Feb. changed her will. She hand wrote what she wanted, dated,signed,had 2 people sign the change. I am the excector of the will. My brother is giving me problems about the change. My mom died in Texas. she changed the will in Colorado where she used to live.

Margaret Brush
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Did she actually write out a new will entirely or just write out an amendment to her existing will?
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Have you filed the will for probate in TX?
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Has brother filed any type of challenge to the will?
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Thanks
Barrister
Customer: replied 1 year ago.


My mom just added an amendment. She just wanted me to do what she said on the will. Did not go through probate. She had a trust but very little money let. She was in a assistant living ad ill. One of my brothers were


out of the will. She wrote on it that he was not to see it and no questions asked. My older brother has read it and ok with it. No he has not filed any challenge. He is mentally off and he can get very veral abusive.

Expert:  Barrister replied 1 year ago.
Ok, when someone amends a will with another document, then that document is a "codicil" and has to be executed with all the same formality as the original will. In CO, the will and and any codicil has to be in writing, signed by the testator, and witnessed by at least two individuals.
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So as long as that was done, and by your comments it was, then the codicil would be fully legally enforceable in any state in the US. As long as it is validly executed in the state where it was drafted, it is good anywhere.
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If brother wanted to try and contest it, he would have to hire an attorney and file suit in the local probate court in the county where mother passed.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23839
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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