What happens when a person's will is declared "invalid"?

CTyankee

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Fri Feb-23-07 04:57 PM
Original message

What happens when a person's will is declared "invalid"?

Does this mean the same as intestacy? This happened to a friend of mine whose late wife's will has now been delcared "invalid." Who decides who gets what?

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Jacobin

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Fri Feb-23-07 04:59 PM
Response to Original message

1. All states have laws dictating who gets what if a will is

declared invalid. If there are no heirs to be found and no will or an invalid will, the state gets it.

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CTyankee

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Fri Feb-23-07 05:04 PM
Response to Reply #1

6. Husband is #2, kids by former marriage.

There is money there. Don't know about former will (before her divorce from husband #1). If no prior will, does husband #2 and kids divide up the $$$?

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Jacobin

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Fri Feb-23-07 06:31 PM
Response to Reply #6

8. It depends entirely on state law

In Louisiana in your example, half of any community assets would go to the husband with a usufruct over the other half until death or remarriage and the kids would get the naked ownership of the other half. For separate property, the kids would get it all, except if he is in 'necessitous circumstances' he could get one third of her separate property as the marital portion.

Varies a whole lot from state to state.

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Sanity Claws

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Fri Feb-23-07 04:59 PM
Response to Original message

2. Was there an earlier will?

If there was, it could be the effective will. If no prior will, I imagine she would be determined to have died intestate and her estate would pass by operation of law.

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Solo_in_MD

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Fri Feb-23-07 05:00 PM
Response to Original message

3. If there is a prior will, it would be used.

If no valid will turns up, she died intestate, and all that brings.

- I am not a lawyer and other suitbable disclaimers.

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no_hypocrisy

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Fri Feb-23-07 05:02 PM
Response to Original message

4. If no Will whatsoever, then It depends on the combination of survivors.

Edited on Fri Feb-23-07 05:03 PM by no_hypocrisy

If there is a surviving spouse alone, s/he gets the estate.

If there is a surviving spouse and surviving parent(s) of the deceased, then 50% to the spouse and 50% to the parent(s).

If there is a surviving spouse, no surviving parent(s), and surviving children, then 50% to the spouse and 50% to the children.

If there is no surviving spouse, no surviving parents, and surviving children, then 100% to the children, to be be divided equally amongst them all.

And it gets more complicated if no surviving spouse, parent(s), and children. Then aunts and uncles get involved in the distribution.

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Cleita

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Fri Feb-23-07 05:03 PM
Response to Original message

5. There are rules for a valid will, like getting proper witnesses

and having them notarized. It varies from state to state. I used to work for the Trust Department of a large bank in California and truthfully it's really hard to get a will declared invalid, even a holographic will, which is a will in the handwriting of the deceased, even if they wrote it on the back of an envelope. Intestate is a phrase that means the deceased didn't have a will.

If I were your friend I would hire an estate lawyer to look into the matter.

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Blackhatjack

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Fri Feb-23-07 05:07 PM
Response to Original message

7. For a will to be declare invalid it must have a 'material' provision in it fail or ...

it fails to meet the minimum requirements of a will(witnesses, testamentary intent, etc). IF there is a prior valid will it would be probated.

If there is no no valid will found, then the intestate succession statute in the state applies. It sets out the qualifications and order of inheritance among the surviving family members of the deceased --which is carried out by an Administrator/Admininstratrix appointed by the Court.

Usually spouse and childred come first, if none, surviving parent(s), then to siblings, and so forth.

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