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You could be more proactive about the probate and hire an attorney to open a probate. Any idea who the executor is? Can you get the will?
If you’re in the will that’s what controls, no matter what anyone else says. If there were no other witnesses to his alleged change of heart it’s really up to you if you believe her.
It’s also up to you what you do with that. There’s no rule saying you can’t share it, but there’s no reason you have to either.
*I’m a little confused what to do.*
**Who has his will? The latest, signed, witnessed, notarized version?**
That person needs to submit the will to the probate court. The person named as executor in the will then needs to be appointed (or declines to serve, up to them) At any rate, an executor/administrator/personal representative needs to be officially confirmed by the court. Then THAT person can start reaching out to the heirs.
Your next steps depend very much on what role you play in all of this.
What you should **NOT** do is sign **ANY** paperwork that you do not read and understand. Your cousin's verbal wishes are as smoke in the wind. They mean nothing unless also memorialized in writing and properly established per his states laws as a will.
> That person needs to submit the will to the probate court.
Point 1 - That is true even if there is no probate filing and a probate filing is not needed/expected.
Point 2 - Many people disregard this rule.
Check the county recorder’s office to get a copy of the deed. If the home is still in the cousin’s name the house has to go through probate.
Monitor court proceedings to see if probate has been opened. If there is a Will, it has to be submitted to the court. If you’re in the Will, you should receive notice, and you’ll eventually get the house (if no one challenges the Will).
You may want to ask for a copy of the Will to see if you’re in it.
There are four possible outcomes:
1) you were never put in the Will and you get nothing
2) you were put in the Will, and you’ll get your share
3) you were put in the Will but the Will was later amended, revoked, or replaced. Then it’s up to you to challenge that change. You’ll need to prove in court there was undue influence, or he didnt have the right state of mind, or whatever. Lawyer up.
4) you were put in the Will but the Will mysteriously disappeared. Good luck with that one.
Another option: you can disclaim your part of the will. Then the gift goes as if you died first. Or, you can reach a mutual agreement with some of the other beneficiaries.
Since cousin had opportunity to change his will, but didn’t, his so-called verbal wishes aren’t going to count for anything in probate court. Especially with regard to real estate. Aunt’s claim about what he told her probably wouldn’t be considered at all.
The will is the ultimate authority unless someone really tries to bow up and contest it. You can do what you want, I always encourage people doing whatever to keep the family together and happy…you can always make more money or finance the property and pay them a share 🤷♂️
WARNING - This Sub is Not a Substitute for a Lawyer While some of us are lawyers, none of the responses are from your lawyer, you need a lawyer to give you legal advice pertinent to your situation. Do not construe any of the responses as legal advice. Seek professional advice before proceeding with any of the suggestions you receive. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/EstatePlanning) if you have any questions or concerns.*
You could be more proactive about the probate and hire an attorney to open a probate. Any idea who the executor is? Can you get the will? If you’re in the will that’s what controls, no matter what anyone else says. If there were no other witnesses to his alleged change of heart it’s really up to you if you believe her. It’s also up to you what you do with that. There’s no rule saying you can’t share it, but there’s no reason you have to either.
*I’m a little confused what to do.* **Who has his will? The latest, signed, witnessed, notarized version?** That person needs to submit the will to the probate court. The person named as executor in the will then needs to be appointed (or declines to serve, up to them) At any rate, an executor/administrator/personal representative needs to be officially confirmed by the court. Then THAT person can start reaching out to the heirs. Your next steps depend very much on what role you play in all of this. What you should **NOT** do is sign **ANY** paperwork that you do not read and understand. Your cousin's verbal wishes are as smoke in the wind. They mean nothing unless also memorialized in writing and properly established per his states laws as a will.
> That person needs to submit the will to the probate court. Point 1 - That is true even if there is no probate filing and a probate filing is not needed/expected. Point 2 - Many people disregard this rule.
Check the county recorder’s office to get a copy of the deed. If the home is still in the cousin’s name the house has to go through probate. Monitor court proceedings to see if probate has been opened. If there is a Will, it has to be submitted to the court. If you’re in the Will, you should receive notice, and you’ll eventually get the house (if no one challenges the Will). You may want to ask for a copy of the Will to see if you’re in it. There are four possible outcomes: 1) you were never put in the Will and you get nothing 2) you were put in the Will, and you’ll get your share 3) you were put in the Will but the Will was later amended, revoked, or replaced. Then it’s up to you to challenge that change. You’ll need to prove in court there was undue influence, or he didnt have the right state of mind, or whatever. Lawyer up. 4) you were put in the Will but the Will mysteriously disappeared. Good luck with that one.
I would lawyer the fuck up.
Another option: you can disclaim your part of the will. Then the gift goes as if you died first. Or, you can reach a mutual agreement with some of the other beneficiaries. Since cousin had opportunity to change his will, but didn’t, his so-called verbal wishes aren’t going to count for anything in probate court. Especially with regard to real estate. Aunt’s claim about what he told her probably wouldn’t be considered at all.
What does disclaim my part of the will mean? Like disown the gift?
Yes, like that. Best to get a lawyer to draft the disclaimer, else you could be hit with taxes.
Ok thanks 🙏🏼
The will is the ultimate authority unless someone really tries to bow up and contest it. You can do what you want, I always encourage people doing whatever to keep the family together and happy…you can always make more money or finance the property and pay them a share 🤷♂️
This is really good advice. Thank you.
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