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.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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.
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