Legal Question in Elder Law in Tennessee

Invalid will

My fatner prepared, along with his attorney, his will, naming my mother as his executrix and his beneficiary. In the event that she predeceased him, the will states, his entire estate would be given to one sibling, purposely excluding 2 others. My mother did not predecease him. In this will, my father referred to my mother, several times, by a name which is not hers. For some reason, does that invalidate the order of the will and the estate would default to the one sibling?


Asked on 10/10/05, 12:25 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Invalid will

If your parents were legally married and in his will, your father referred to your mother "as his wife" and your mother can prove she is actually the person named in the will, with documentary or other substanial proof, then your mother would be entitled to her bequest.

Absent all or any of the above items, or proof by another, that the person named in the will, predeceased your father, then the surviving sibling named would arguably be entitled to the estate assets, specified in the will.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/10/05, 7:11 pm


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