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nonnotorized will changes, need lawyer? maybe challenged

 
 
stacie
 
Reply Mon 11 May, 2009 12:46 pm
My husband died and it came to my attention that the will maybe challenged cause there are nonnotorized changes in the will. The family are stubbourn and wont take the will at face value. Doesnt everything get left to the surviving spouse?
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joefromchicago
 
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Reply Mon 11 May, 2009 01:32 pm
@stacie,
As a general rule, any changes in a will must be attested in the same manner as the will itself. So, for instance, if a will needs to be witnessed by three persons, then the changes need to be witnessed by three persons (you don't say what jurisdiction you live in, so I can only give general observations on the law here).

Also, as a general rule, if a person dies intestate (without a will), the surviving spouse gets everything -- but that's only if the person dies intestate. If there's a will, then everything gets divided according to the will (the surviving spouse, however, may be allotted a statutory portion of the estate in spite of a will's provisions to the contrary).
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