Legal Question in Wills and Trusts in Virginia
Is a Will nobody knew existed still legal?
My father just recently passed, but before he died he said he didn't want a will, he wanted everything to go to my mother except a few items he wanted me to have. my aunt, his sister who he never trusted, starts asking the funeral director about wills and states his mother has his will and will a lawyer be needed. If this is true, this will will have to be 19 to 40 years old and written in New Jersey. We lived in Virginia for ten years and my parents have a nice house and I don't want my mom to lose everything which these people will take if they can. thank you
1 Answer from Attorneys
Re: Is a Will nobody knew existed still legal?
Assuming that the will about which you're now speculating was properly executed by your father some 19-40 years and in conformance with the laws of New Jersey regarding such matters, unless this will was properly revoked by your father(or your father divorced a first wife), it could still be valid and determinative(if offered for probate) of not only what your mother now receives in terms of an inheritance but also what your father's other heirs receive as well.
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