My Parents are both deceased and their Will was written in 1983. The will does not reflect their true final wishes but was never changed. In this case, should I file a caveat to explain their final request?
2 Answers from Attorneys
That's not what a caveat does. It only asks the Surrogate's office to give you notice if a will is presented for probate.
If your parents had different final wishes after the 1983 will, they should have had a new will prepared. It is unfortunate that they didn't, Many people overlook the importance of having a new will when any circumstances change.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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I agree with Miriam and also suggest that by filing a caveat, the entire Will may be thrown out. Perhaps there are other things that may be done that can accomplish what they might have intended, without the risk. If you want to discuss what you are trying to accomplish, so we could explore options, contact me directly and outline what you are trying to do. I will review it and let you know my thoughts.