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texlawyer, Attorney
Category: Estate Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their estate law questions and experienced in estate law litigation.
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My mother stated what she wanted in her will. It was written

Customer Question

My mother stated what she wanted in her will. It was written up but her condition deteriorated before she could sign it. she wanted me to have her house and for my brother who has been estranged from her for 25 years to be disinherited. What do I do to make sure her wishes are carried out.
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Submitted: 1 year ago.
Category: Estate Law
Expert:  texlawyer replied 1 year ago.

Hello. I'll be happy to assist you.

Since she died without a properly executed will, she died intestate. As such, her estate will be divided up according to the intestate rules of your state (all states have laws for when a person dies without a will). In nearly every state, when a person's children all survive them in death, but their spouse does not, their estate is divided equally among their children. There is no way to enforce her wishes absent a properly executed will. These laws were designed to prevent this exact situation; where one person claims what the wishes of the deceased were, which impacts the inheritance of the other beneficiaries. Essentially, either a person has a will, or they don't. If they don't, then their estate is divided up according to the intestate laws of your particular state, which will mean that the state will be divided equally among the heirs.

Customer: replied 1 year ago.
what if there is a witness to what they wanted in there will?
Expert:  texlawyer replied 1 year ago.

Oral wills (also known as nuncupative wills) are only allowed in a few states and under very specific circumstances. If you can tell me what state your mother lived in, I can look it up for you.

Customer: replied 1 year ago.
Expert:  texlawyer replied 1 year ago.

I'm sorry, but Florida does not recognize nuncupative wills. You can hire a lawyer to try to litigate this issue, but you are going to be fighting an uphill battle, as the law is not on your side. I hate to be so blunt, but I have to give you an honest assessment.

Expert:  texlawyer replied 1 year ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go. Good luck.