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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41066
Experience:  Texas lawyer for 30 years in Estate law
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My mother left a will, which had out on it, but was also

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My mother left a will, which had white out on it, but was also noterized and the notery supposedly asked my mother if she wanted to re-do the will without whiteout on it and she claimed my mother said no. I first, do not believe my mother went to the bank to have this done, as she had severly mini strokes and was on oxygen and never wanted to leave her home. My sister had a very good repore with this notary.
The will states that the home would go to my sister for her to take care of my mothers uncle and my sister to live there. Now, my sisters son, his live-in girlfriend, their son, and now another son who was convicted on involuntary manslaughter is about to also move in. All of them are using my uncles money, retirement pension and social security money which is over 2,000 per month.
The estate has not been opened, because at the beginning we wanted to comply with our mothers wishes to let our sister live there until death, then we would open the estate and place our uncle in a personal care home.
Can our sister will the house to her son? She has developed lymphoma cancer and the son and his live in girlfriend seem pretty anxious to think now the house will be theirs.
Thank you for your time
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You would want to open probate here.It is very possible the probate court would hold the will to be invalid as it has white out and mother lacked capacity.Also undue influence here by the sister may be present.If the will is held invalid then the laws of intestacy are applied here and all siblings would be equal heirs under the law.

The sister is the will is probated would not be able to sell or transfer the property without your consent.As you describe it she has only a life estate.She can here however ruin the property if she is living in it and not keeping it up.

I think probate here and a determination whether this will is even valid would be your next step.Until probate is opened and legal heirs named , no one has legal title. It needs to be done here and the probate court would resolve title and the validity of the will.This will sounds totally suspicious.

You are going to need a lawyer here to open probate and resolve all of this.You may be able to force a sale here as well through probate especially if she is ruining the house for resale by the remainder of siblings.You have rights here through probate, it is filed where the property is located.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.

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