We have no idea who is named. We have only seen the first page and the last page showing the lawyer's signature that they saw her sign it on a certain date. Lawyer who signed it was charged with fraud 15 years ago and suspended for 2 years. He has a reputation to be "shady".
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For the will to be executed it has to be registered with the court and a copy will be publicly avaialable.
Meanwhile, if this were me, I would be proceeding to transfer title to the house to myself according to the agreement I had with my deceased spouse. If it were me I would proceed with this asap. If my current lawyer was not willing to co-operate, I would find another lawyer who would.
Your agreement, from what you describe, is valid. Proceed with it. Pretend the will and the brother don't exist, just go forward. If they have a claim they will have to make it in court and provide evidence.
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I have no experience in this area, but I'm curious. What takes precedence? The will or the CA? Or is it simply a matter of which document is the most recent? From my perspective, the CA outlines her most recent intent, and not changing the 2007 will was an oversight.
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Mess, our firm often finalizes estates with no probate = no court filing. In fact, with our corporate clients, we specifically set up an estate strategy that avoids probate requirements, if we can.
As well, he can't transfer title without the signature of the estate trustee, or a court order.
OP - I don't believe you are entitled to a copy of the will, however I would most definitely insist that your lawyer immediately send a copy of the cohab to the estate lawyer and advise them of your claim.Start a discussion, not a fire. Post with kindness.
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More background:
1) Deceased and brother have a history of conflict. This is completely documented in court (he took the side of the ex-husband) when they were dealing with custody, this was still going on when she died
2) Deceased would never have brother look over her estate. We are feeling as if the will is fraudulent since the brother is wandering around giving only first page and last page (signed by lawyer) not the signature page
3) The only people who are supposedly named in the will is ex-husband and brother (who deceased was fighting with).
4) Having someone tell you they are the estate trustee with no evidence doesn't make sense. The sister can go and apply for a certificate of appointment based on the 2005 will which everyone has seen
5) The insurance company and bank have yet to see the will and she passed away a two months ago.
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1) Deceased and brother have a history of conflict. This is completely documented in court (he took the side of the ex-husband) when they were dealing with custody, this was still going on when she died
2) Deceased would never have brother look over her estate. We are feeling as if the will is fraudulent since the brother is wandering around giving only first page and last page (signed by lawyer) not the signature page
4) Having someone tell you they are the estate trustee with no evidence doesn't make sense. The sister can go and apply for a certificate of appointment based on the 2005 will which everyone has seen
5) The insurance company and bank have yet to see the will and she passed away a two months ago.
If you saber rattle they are likely to show you the document. Otherwise, contest will, everything will drag through estate litigation for a few years.
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