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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12365
Experience:  JD, MBA
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My father's wife (my step mother) did his last will and testament

Customer Question

My father's wife (my step mother) did his last will and testament herself as an attorney signed in her maiden name. Is that legal?
Submitted: 2 years ago.
Category: Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
What you describe does sound a little odd. Specifically, signing the will as the attorney using her maiden name almost seems like an attempt to cover the fact that she is the wife. However, it's also possible that she practiced law using her maiden name and not her married name, and so it made more sense to use her maiden name so others would recognize her as an attorney if they looked up up. And family members who are attorneys can certainly represent other family members. Additionally, the only people who would challenge the will would be you and other heirs, and you all know who she is. In other words, she didn't fool anybody, and she most likely knew that she wouldn't be fooling anybody.
In any event, the bot***** *****ne is that it wouldn't be illegal for her to write the will for her husband. So long as your father was of sound mind when he reviewed it and signed it, what difference does it make who prepared it for him? Now, if he was not of sound mind, then you have some legitimate arguments that you can make, and you can possibly get the will thrown out. If you believe that is the case, then I strongly suggest that you retain an attorney (you wouldn't get very far in court without an attorney).
As for your grandmother, if there is a will then I would ask to see it. The will must be filed in court anyway.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.