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Question

my mom past away & left my brother & I co guardians to my little sister that has down syndrome . Her wishes state clearly in the will is that she is to remain in the house to her demise. we are clearly meeting my moms wishes to the fullest.. The problem is a evil step sister (non speaking terms) who is threatning legal action involving the care of my sister it apparent she doesnt know about my moms wishes in the will. Once she finds out about the Will can the step sister take any action legally. even though proper care is being met. I feel as if im being harrased with her nasty text msg.

Submitted: 33 days and 12 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: New Jersey

Already Tried:
Im putting in the mail 2day a certified letter with my moms wishes

Posted by Dave Kennett 33 days and 12 hours ago.

Info Request

Hi XXXXXXXXXXX. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Is the step sister a beneficiary of the will?

Is the step sister your mother's daughter?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

33 days and 12 hours ago.

Reply

the step sister is my moms daughter. she is a beneficiary in the will. the will has not deen probated because therre is no statute of limitations & there is nothing that good b done until the handicap sister passes on with the house. I am as of today going to sent the step a certified copy of my moms wishes that the step didnt know about

Accepted Answer

Dear XXXXXXXXXXX - Until the will is probated you cannot enforce the terms. Just sending a copy to the sister will not have any legal effect. If both of you are the children of your mother then she is legally your half sister and if there is no will filed she would have the same rights under the laws of intestate succession as you and any other sibling.

 

You should open an estate with the probate court so that you can be the legal guardian for your disabled sister. Just having a copy of a will that has not been probated does you no good from a legal standpoint.

 

Dave Kennett

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Expert: Dave Kennett
Pos. Feedback: 99.5 %
Accepts: 
Answered: 10/20/2009

Lawyer (JD)

25 years experience in general law, including real estate, criminal, traffic, and domestic relations

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