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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102192
Experience:  Fully licensed attorney in Texas in private practice.
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My husband die 22 April 2015 .my step daughters, tried to

Customer Question

my husband die 22 April 2015 .my step daughters, tried to have me put out of the home.They are trying to a will, that as been crossed out and 2 different people wrote on it. I am a disable vet and need help.i can not afford a lawyer.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am very sorry to hear about your loss and this situation. Can you please tell me whether anyone has filed probate, or not yet? Or, not sure?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I am not sure a sever was here last night but i was out. I think its either a eviction notice or court notice
Customer: replied 1 year ago.
are u here
Expert:  Ely replied 1 year ago.

Yes, I am here. Please allow me a few minutes to type out the answer; thank you in advance for your patience.

Expert:  Ely replied 1 year ago.

Thank you. Okay, we have to discuss several things.

Probate

When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.

So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names.

If there was a Will, the beneficiaries are decided per the Will. If there was no will, the beneficiaries are decided by default succession law of the state.

If One Feels That the Will is Forged/Modified
If so, then someone in your situation needs to quickly file probate, or JOIN probate, and argue this, so that the Will may be thrown out or other action taken by the Court if necessary if it proven that the Will is indeed not a true copy of the original.

Eviction?
This depends on whom the property goes to? If your name is ***** ***** it, it belongs to the estate, and whoever filed probate may have been appointed Executor and is now controlling the estate, and is seeking to evict you. If this is happening, what someone in your situation wants to is to file an answer asking the eviction court to defer to the probate court, and then let the probate court decide. If you would be receiving the property anyhow in probate, then, the probate court may allow you to stay in the property while probate is pending.

Legal Counsel
You say that you cannot afford counsel, so I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/arkansas.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-arkansas.asp

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
they can do this with a will that has been lined out and wrote on by 2 other people
Expert:  Ely replied 1 year ago.

Possibly, yes. Now a will that has lines through it and handwriting does not mean it is automatically void. However, it may be attacked as modified, etc. One has to PROVE that it was changed after being executed. It is presumed valid until/unless proven otherwise.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

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