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Probate Mirror Wills Guidance
Summary
If a property is owned as tenants by the entirety, it automatically passes to the surviving spouse. You can still probate a will even if some time has passed since the decedents death. If a will is set aside, intestate succession laws may apply, potentially dividing the estate among all children. Consulting an attorney is advisable for specific guidance.Full Conversation
If my parents owned home as tenants by entirety with rights of survivorship and both had wills that left everything to each other and then to daughter if one predeceased the other and they disinherited brother stating he gets nothing in wills mom died in2014 and her will was not probated and dad died after in * but deed was not changed and both names are on it what can I do if the judge set aside will
Suzanne, here are some general steps you might consider:
*. Probate Dad's Will: Since your mother's will was not probated, you can start by probating your father's will if it hasn't been done already.
*. Title Issues: If the property was owned as tenants by the entirety with rights of survivorship, the property automatically passed to your father upon your mother's death. You would need to update the deed to reflect your father's sole ownership before his death.
*. Set Aside Will: If the judge set aside your father's will, you may need to consult an attorney to understand the implications and next steps, especially regarding intestate succession laws.
*. Disinheritance of Brother: If the will is set aside, disinheritance might not hold, and the estate might be divided according to state intestacy laws.
Could you provide your location to determine specific state laws?
*. Probate Dad's Will: Since your mother's will was not probated, you can start by probating your father's will if it hasn't been done already.
*. Title Issues: If the property was owned as tenants by the entirety with rights of survivorship, the property automatically passed to your father upon your mother's death. You would need to update the deed to reflect your father's sole ownership before his death.
*. Set Aside Will: If the judge set aside your father's will, you may need to consult an attorney to understand the implications and next steps, especially regarding intestate succession laws.
*. Disinheritance of Brother: If the will is set aside, disinheritance might not hold, and the estate might be divided according to state intestacy laws.
Could you provide your location to determine specific state laws?
Mississippi
Suzanne, here are some specific steps based on Mississippi law:
*. Probate Dad's Will: Ensure your father's will is probated if it hasn't been done.
*. Update Deed: Update the deed to reflect your father's sole ownership upon your mother's death.
*. Intestate Succession: If your father's will is set aside, Mississippi intestacy laws may apply, meaning the estate may be divided among all children, including your brother.
Given the complexity, consulting an attorney is advisable. Do you need assistance finding a lawyer in Mississippi?
*. Probate Dad's Will: Ensure your father's will is probated if it hasn't been done.
*. Update Deed: Update the deed to reflect your father's sole ownership upon your mother's death.
*. Intestate Succession: If your father's will is set aside, Mississippi intestacy laws may apply, meaning the estate may be divided among all children, including your brother.
Given the complexity, consulting an attorney is advisable. Do you need assistance finding a lawyer in Mississippi?
I want to know if I can probate my mother's will even though she died first in * they both had mirror wills and did them together but I have hers and his still
Case Rating: *
In Mississippi, you may still be able to probate your mother's will even though she passed away in *. Here are some key points to consider:
- Late Probate: Mississippi allows for the probate of a will even if some time has passed since the decedent's death. You would need to file a petition with the probate court.
- Impact on Property: Since the property was owned as tenants by the entirety, it would have passed to your father automatically. Probating your mother's will might not affect the property but could address other assets or debts.
- Consulting an Attorney: Given the complexity and the time elapsed, it would be wise to consult an attorney for guidance specific to your situation.
Would you like help finding an attorney in Mississippi?
In Mississippi, you may still be able to probate your mother's will even though she passed away in *. Here are some key points to consider:
- Late Probate: Mississippi allows for the probate of a will even if some time has passed since the decedent's death. You would need to file a petition with the probate court.
- Impact on Property: Since the property was owned as tenants by the entirety, it would have passed to your father automatically. Probating your mother's will might not affect the property but could address other assets or debts.
- Consulting an Attorney: Given the complexity and the time elapsed, it would be wise to consult an attorney for guidance specific to your situation.
Would you like help finding an attorney in Mississippi?
if parents both parents had mirror wills leaving everything to spouse but if they predeceased one another they both wanted everything left to daughter shouldn't that make home not part of estate and because they both are on deed
Suzanne, given the complexity of the situation, here are some important points to consider:
- Tenants by Entirety: If the property was owned as tenants by the entirety, it automatically passed to your father upon your mother's death.
- Probating Mother's Will: You can still probate your mother's will to address other assets or debts, but it won't affect the property that passed to your father by survivorship.
- Father's Will Set Aside: If the judge set aside your father's will, the property might be subject to intestate succession laws, meaning it could be divided among all children, including your brother.
Given these nuances, consulting an attorney in Mississippi is highly recommended for specific guidance. Would you like assistance finding a lawyer?
- Tenants by Entirety: If the property was owned as tenants by the entirety, it automatically passed to your father upon your mother's death.
- Probating Mother's Will: You can still probate your mother's will to address other assets or debts, but it won't affect the property that passed to your father by survivorship.
- Father's Will Set Aside: If the judge set aside your father's will, the property might be subject to intestate succession laws, meaning it could be divided among all children, including your brother.
Given these nuances, consulting an attorney in Mississippi is highly recommended for specific guidance. Would you like assistance finding a lawyer?
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