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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33727
Experience:  15 years real estate, Realtor. Landlord 26 years
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I was added to a list of heir estate property because of the

Customer Question

I was added to a list of heir estate property because of the death of my aunt. I would like to know whether their would any property left for my father who died in 1973.I am the only heir for my father.My grandmother re wrote her will in March 10, 1999.I was never informed that I was included in the trust until June 2015. At such time i was notified that the successor were selling propety.Upon my arrival in court there were only 3 family members attended.The Court paper stated that" All intreseted parties should appear: failur to appear will be deemed consent of requested relief.The Attorrney stated that I was entiled to 2.5 percent of the sell of the property.
Submitted: 1 year ago.
Category: Real Estate Law
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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If father was listed as an heir, but he is deceased, then his portion would pass down to his heirs or through any will that he had.
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So you would have a right to request a copy of the trust to see if father was specifically named as well as you being named, or whether you are inheriting some portion because father was the only one named and since he is deceased, his share passed down to you through intestate succession laws.
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thanks
Barrister
Customer: replied 1 year ago.
My father name was not listed as an heir on the re wrote will dated march 10,1999. Because he died December 24,1973. I need to know whether his name was on the orginal will. Based on appraiser as Parcel Id No. 5-ol-or-os-0000-76400-0100 the said she propertys and more were gave to my family on May 28,1886 Lewis Bradwell and his wife Edward Bradwell Deed recorded book R 96, of the Public records of Gadsen County. It is un clear whether my father name was on any doucments.All heir property was given to my grandmother Marie Gilcrease aka Marie Gilchrist on June 5, 1978 recorded dated November 22, 1961 recorded at O.R book 54, page 378, public records of Gadsen County, Florida. I am unable on whether I am entiled to any said property based on my father heir.Father name William H. Gilcrease aka William Gilchrist Date of Birth November 22,1928, place of birth Gadsen County. My name is***** You,
Customer: replied 1 year ago.
Attached is the documents
Expert:  Barrister replied 1 year ago.
Ok, if the decedent re-wrote the will, then the old will wouldn't have been valid any longer. The first thing a new will does is revoke the old one so that there is only one valid will in existence at any given time.
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So if the 1999 will was the latest will, then it would be the only legal will and would dispose of any property of the testator. If father wasn't listed as as an heir, which would make sense since he was deceased, then his estate wouldn't stand to inherit anything.
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thanks
Barrister

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