Legal Question in Wills and Trusts in Tennessee
Stepmother not sharing
My father died March, 2007. He litterally signed his will on his death bed as his wife was holding his hand. It was witnessed by my half brothers inlaws, the will was typed by my stepmothers daughter. She has not shown his children the will and that makes me wonder exactly what they typed in it. My father was not of sound mind and body when he signed it. He was in and out of conciencous and died 5 days after signing. She is not hiring an attorney to execute this will. Just wondering if something goes wrong when she finally tells us what is in it...do we have legal rights to contest based on the information I have provided. I really don't want to go this route. But I am very worried about his children not receiving what he always said they would.
2 Answers from Attorneys
Re: Stepmother not sharing
The witnesses to a Will are not supposed to be relatd to the testator by blood or marriage. Try to raise that as an issue. Also, if a Will exists, it MUST be probated. It is a crime in TN to concealing a Will. Why don't you just hire your own attorney and probate his estate intestate (as if a Will did not exist)?
Re: Stepmother not sharing
If the children know there is a Will but do not know who the beneficiaries are, a motion to compel the probate of the Will should be filed.
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