Is a Will valid after probate?
Question Details:I just found out my step-dad passed away 3 years ago and I have the Will. Is it still valid?
A Will speaks at the time of death; therefore, the Will became an operative legal document 3 years ago. You need to find out who the executor of the estate was and where the property that is the subject of the Will is located. When you step-dad passed away, the executor of the estate should have inquired into the issue of whether there was a Will. The Will is a valid legal document and needs to be probated. There needs to be an executor appointed and you need to find out where the property in the Will is located to make sure that its provisions are honored. I suggest hiring a lawyer. Most lawyers will provide you with a free initial consultation to provide you with direction.
The person named as the executor in the Will has the right to file a Probate action on the basis of that Will. If you are named in the Will you should see a Probate attorney to discuss your rights. You can contact my office for further assistance in this matter.
RObert Spitz
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