How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
Type Your Family Law Question Here...
James Mather is online now

My father died 20 years ago, in his will it stated that the

Customer Question

My father died 20 years ago, in his will it stated that the house would be left to his wife until she also died whereupon it would be sold & divided between her two children (not my father's children) & my brother & I. My brother & I have lost contact with her over the years but we understand she is still alive. Recently though the house was sold &, I presume, another bought with the proceeds. My question is, can she change my father's will so as to leave whatever is left to her own children or, does my father's will still apply? Please could you tell me how do my brother & I stand?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWho were the Executors of your father's Will and what was the Exact wording regarding the house
Customer: replied 2 years ago.
I was one of the executors (I'm afraid I can't remember the other executor) &, as for the exact wording, again I'm afraid I can't remember. Sorry, not very helpful I know
Expert:  Clare replied 2 years ago.
You can obtain a copy of the Will here
Customer: replied 2 years ago.
I have looked through the years 1995/96 & there is no mention of my father in either year. Is there anything else I can try?
Expert:  Clare replied 2 years ago.
Did you actually obtain probate of the Will?
Customer: replied 2 years ago.
On reflection it looks unlikely. I was offered my father's will to read at the time but, whether I was naive or too trusting (or both!), turned the opportunity down. That was the last time it has been mentioned until recently. Does this mean that the will was not legal &, if so, I imagine now my brother & I have no claim to any of my father's estate?
Expert:  Clare replied 1 year ago.
Did your father and his wife own the property jointly?
Customer: replied 1 year ago.
No, I don't think so. They lived together for 10 years before they moved to the house in question
Expert:  Clare replied 1 year ago.
So in fact they may well have purchased that house in joint names?