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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33785
Experience:  Estate Law Expert
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My friend filed a small estate affidavit and now she found a

Customer Question

Greetings! My friend filed a small estate affidavit and now she found a will. What can she do to make that claim to become invalid? thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Has the work on the small estate affidavit been completed yet?

Customer: replied 1 year ago.
the court has also approved it.
Expert:  Dwayne B. replied 1 year ago.

Is there anything that will be different under the will than the small estate?

Customer: replied 1 year ago.
the will stated everything to the wife. the small affidavit has a child from previous marriage.
1) according to the will, she is entitle to get everything
2) small estate affidavit- the wife has to share his separate property to his daugher.
Expert:  Dwayne B. replied 1 year ago.

She will have to file an Application for Probate and to Void Small Estate Proceeding. She will likely want to use a lawyer if she didn't use one the first time because this is going to create issues with the title to any property that is involved and the eventual order that will be issued will have to resolve all of those problems.

In addition, if the child from the previous marriage is under 18 then the court will likely require, under these circumstances, that an attorney ad litem be appointed to represent the child. The ad litem will then be watching over her shoulder all the time and this can run the fees up quickly. The ad litem may also ask that the court order her to pay all of their fees rather than them being paid by the estate.

However, when it is all over with then the orders should take care of any problems created by the small estate proceeding.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 year ago.
thank you! can his daughter sign some sort of interest waiver? if so, do you know any form? thank you so much
Expert:  Dwayne B. replied 1 year ago.

How old is the daughter?