Legal Question in Wills and Trusts in New Hampshire
realestate
mother died in 2002, 3 siblings involved, 1 sibling claims there was a will and the house was left to her, the other 2 siblings, 1 just received status of executor of the estate, never have saw a will, and no will was ever filed in probate. they had court and sibling 1 still claims there was a will, and the judge is giving her 14 days to provide the will, my question is, if the death was in 2002 and no will was ever filed in probate, and sibling 1 provides some piece of paper that she claims is the will, would it be granted as a real will, or will it be just a piece of paper with no merit? And can a judge let them refile the will through probate?
1 Answer from Attorneys
Re: realestate
It sounds somewhat dodgy. However, to clarify, if someone was appointed as "executor", that usually suggests a will exists (versus administrator or generically, "personal representative").
Generally, a will is supposed to be promptly filed with the probate court, even if there is no estate to probate.
Did anyone ever take any steps to locate the will during the past seven years? (E.g., contact the attorney who drafted it, if any, or contact an attorney to do a search, etcetera?)
How does the sibling claim she lately became aware of a will, and how does she explain the delay, and or that she didn't have it in court?
Finally, there will be questions concerning whether whatever the sister claims is the will has been executed with appropriate formalities, and whether it effectively excludes the other two siblings (by complying with relevant provisions of New Hampshire law). It would be wise to consult with an attorney.
If you have further questions, please feel free to email me and arrange for an appointment in Concord or Manchester.
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