Legal Question in Wills and Trusts in New Hampshire
Found will after probate
My uncles estate has been in probate since last May. My Mother was named as exectutor. In the last week a will has been found, leaving all to her other brother who died in March. His wife has a stepston who has taken over. Apparently the widow has signed all over to her stepson. Does this exclude my mother from any inheritance originally ordered by the court, as there was no will in the beginning?
2 Answers from Attorneys
Re: Found will after probate
I would need to examine the court file and supporting documents to give you anything substantive. However, the general rule is that the terms of the Will are to be followed. I do not know where things are in the flow of probate proceedings. Depending upon what orders the judge has issued, there may be different paths to follow.
Re: Found will after probate
To clarify, if your mother was named as "executor", it suggests the existence of a will, as opposed to "administrator."
A will needs to be "probated" or proved before it has any effect. There are ways to challenge a will if it seems not bona fide. The facts and circumstances are important, however.
If your mother employed an attorney to open the estate, that attorney would probably be more familiar with what is going on. Otherwise, your mother should contact a probate attorney for guidance.
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