Aunt died will not viable

[Texas Proud]

I will also say get a lawyer...



My dad hand wrote his will and there was no witness signatures... the lawyer asked if anybody not in the family could verify his writing to prove the will... well, dad did it in cursive and had not written in cursive in decades so NOBODY (including family members) knew his writing...


The lawyer had a work around.... there was a client of my dad who knew his signature and so when we went to court to prove his will the lawyer showed the will to the client and asked "do you recognize the signature" which he could do so truthfully....


Never underestimate what a lawyer can do to fix an error in something...

 

[RobbieB]

Yeah, especially if he's buds with the judge.

 

[retired2015b2d]

My aunt (last of her siblings) died this month. Her will, hand written and one typed don’t meet state law. No children.
16 heirs per state law of inheritance. One of her siblings no one in the family had been in touch with for over 50 years. So five of his kids we have no information on.
She had about 150k in cash plus car and house on reverse mortgage. With little info on location of some of the heirs and the small amount of money each would get can we just leave it and walk away? Does the state have to find all heirs or can one or two come forward and claim it? Location is NC. She was only close to one niece and ideally she should get everything but not sure that can happen. Any advice or ideas?

Update.
The will is invalid. Lawyer wants to contact all heirs to get agreement on who will be executor. Five of whom no one knows and one of them appear to have passed so add finding their kids to vote. I’m the only one in the state where death occurred. Unless the lawyer has a way for me to be the executor Without having to contact the unknown cousins I’m walking. ( I’m fine with the lawyer sending them their share per state law) but no way do any of us want contact. Let the state and bank figure it out. Not worth it to me.

 

[Sunset]

^^^^^^ I think the lawyer is the one that is going to end up the the largest share.

The link below is for IL rules when an invalid will , as someone still needs to administer it. Others can object but don't have to agree on who does this. It can go so far down the line to the creditors (unbiased ).

Surely OP's State has those rules, as there is zero chance of getting 5 relatives to agree.

https://www.kevinwilliamslaw.com/faqs/frequently-asked-probate-questions/what-happens-in-an-illinois-probate-estate-with-no-will/

 

[RetMD21]

Update.
The will is invalid. Lawyer wants to contact all heirs to get agreement on who will be executor. Five of whom no one knows and one of them appear to have passed so add finding their kids to vote. I’m the only one in the state where death occurred. Unless the lawyer has a way for me to be the executor Without having to contact the unknown cousins I’m walking. ( I’m fine with the lawyer sending them their share per state law) but no way do any of us want contact. Let the state and bank figure it out. Not worth it to me.

What a mess. It's probably best to stay out of it. I'm glad you made a follow up post.

 

[Texas Proud]

Agree... if there were more money it might make sense...


With reverse mtg, there might not be much equity there... so let's say the cash is all that is left... $150K minus say $20K to $30K for lawyer... $120K by 5 or 6 (not sure from your post) leaves $20K to you...


I would just let the lawyer do his stuff and wait for your check... the rest will go to the heirs or to the state...

 

[RetMD21]

I think this stuff is interesting, especially the differences between states. In Michigan:

700.2503 Writings intended as wills.
Sec. 2503.

Although a document or writing added upon a document was not executed in compliance with section 2502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute any of the following:
(a) The decedent's will.
(b) A partial or complete revocation of the decedent's will.
(c) An addition to or an alteration of the decedent's will.
(d) A partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the decedent's will.

Michigan Legislature - Section 700.2503

And there's a law review article about a case where a document in Evernote was accepted as a will substitute

https://harvardlawreview.org/2019/0...n has also adopted the,§ 700.2503 (LexisNexis).

Obviously people could save the heirs a lot of trouble by executing a proper will