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Subject: Re: Will Advice Posted on: 9 Jul 2008 10:58:58 GMT

ljandtina@gmail.com wrote:

> Just need some advice and what others may think of this scenario:
>
> - Mother passed away suddenly recently at 63
> - Married to current husband less than 10 years
> - Had one daughter, whom she left to be raised mainly by her father
> around the age of 6, but in which was regularly in contact, and more-
> so off and on through daughter's adulthood. (not quite a "normal"
> parent-child relationship)
> - Current husband did not notify daughter of anything to do with a
> will and refuses to even discuss it.
> - Mother wrote on a napkin in the hospital that all things to go to
> daughter
> - Mother's brother and best friend witnessed mother over the years
> mentioning that everything should go to her daughter.
> - Mother brought house & all possessions & finances into the marriage
> (current husband had nothing when entering the relationship).
>
>
> Where does the daughter stand in all this?
>
> Any help would be appreciated.

The first thing is which jurisdiction? Some States have recently passed
legislation that will allow informal "wills" to be admitted to probate
- it may be that the "will" on a napkin is valid.

The daughter has the right to bring an action for family provision
(name varies with jurisdiction) her chances for success turn on a
number of factors.

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