Legal Question in Wills and Trusts in West Virginia

Addendum to a Will

We recently found an addendum to our fathers will. He died in 1995 and this addendum was notarized and witnessed. However, it was not part of his original will which was filed with an attorney. Will this addendum hold up in court. The legals issues involve my brother who was left one half of my parents house along with my sister who became his legal guardian. She put him in a nursing home to have him stabilized and now she won't let him come back and live with her. And the addendum says if for any reasons something like the above happens. The house will be sold and she does not get anything. The house will be sold in order to provide for my brother. He is schophrenic and also because of her lack of care for him; he is now on kideny dialysis.

HELP


Asked on 2/25/08, 7:53 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Addendum to a Will

A lot can happen in 13 years. It is not possible to give you any information which may be useful nor is it possible to open a discussion which may be of benefit to others who follow the law guru questions and answers. There are Statute of Limitations (in a court of equity, Latches)issues in addition to all of the other issues which arise out of the probate of a will and a later found codicil. I believe that it is an obligation of the person holding the document to deliver it to the court or to the executor for probate. The court will decide whether or not to re-open the estate. (assuming it had been closed) Depending on who's interests are at stake, and the legal capacity of those parties, counsel should be consulted by putative beneficiary of the will if he is interested in pursuing the matter or his committee or guardian of the estate should evaluate the circumstances with a lawyer.

Read more
Answered on 2/25/08, 8:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in West Virginia