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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34849
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My grandmother passed away a few months ago leaving one of

Customer Question

My grandmother passed away a few months ago leaving one of my uncles in charge. Her will was with her attorney, but my uncle retrieved the will from them and went with another attorney. He has not filed probate nor have any of my sisters are myself have been notified about the will reading. He lives in Louisiana and my sisters and I are in California, we have no idea who his lawyer is or if the lawyer even knows about us. We have no contact with this uncle for various reasons.
I do know that my grandmother did put us in her will and we think that my uncle is trying to forge a new will because he was not in the will before she passed on. Question 1: Is it possible for someone to change a will? Question 2: How can I find out what the will states and receive my portions of the inheritance which is a large one? Please help!
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Question 1: Is it possible for someone to change a will?

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Legally no, not after the testator is deceased. The will becomes final once the testator dies and it can't legally be changed after that point as any changes would have to be signed by the testator, two witnesses, and a notary.

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Question 2: How can I find out what the will states and receive my portions of the inheritance which is a large one?

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You can contact the local probate court where grandmother passed to see if a probate case has been filed. If it hasn't, then you can force the issue by sending the uncle a certified letter asking for an update on the status of the estate. If he doesn't respond, then you may have to contact a local attorney to actually file your own probate case and ask to be appointed as the Administrator of the estate.

Once the petition is in front of the judge, you can notify them that uncle is in possession of the will but hasn't admitted it to probate. The judge can then issue an order for him to appear and file the will for probate. At that point uncle would then step in to take over settling the estate according to the terms of the will.

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So you may have to force his hand by filing your own petition to open the probate case.

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thanks

Barrister