Mom is gone. Handwritten, unwitnessed will is not valid. Lawyer not responding. Other surprises. Any advice?

If lawyer does not return your calls, need to call another one. Yes you gave him money but now you need answers.

Regarding a handwritten Will in TN:

"Is a Handwritten Will Legal in Tennessee?

In Tennessee, three types of wills are legal:

- A standard will that was created with the help of an estate attorney
- A nuncupative will, completed while the person’s death is imminent
- A holographic will, also known as a handwritten will

Although the courts will recognize handwritten wills, they must comply with T.C.A. § 32-1-105:

No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator’s handwriting must be proved by two (2) witnesses.

What the statute means is that a handwritten will is only found valid if the deceased had signed the document and two witnesses can prove that the handwriting is the testator. The will must be entirely written out – if it is typed out, for instance, it will not be valid under Tennessee law."

Source: https://www.mhpslaw.com/practice-areas/estate-planning-attorney-nashville/handwritten-will-issues/#:~:text=What%20the%20statute%20means%20is,be%20valid%20under%20Tennessee%20law.

There is more info at the link regarding "Issues Surrounding Holographic (Handwritten) Wills"

Rules about Wills can vary by state and you don't say what state your Mom lived in.

Go online to her county's (or district's) website and search "probate" to find out if it is required. You can probably even call the govt offices and the clerk can tell you.

When I did a search: Minnesota+"when is probate required" here is what came up...

"If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated."

Source: https://www.ag.state.mn.us/consumer/handbooks/probate

The need for probate is triggered not by the presence of a Will but by the amount of assets left in the deceased's name.

Your brothers kids are not legal heirs to anything unless it was specifically written in the will that way. Since there is no legally valid will then you are the sole beneficiary. Of course that doesn't stop them from hiring a lawyer to try and get money.

This info may help:

https://www.clearestate.com/en-us/blog/tennessee-intestate-succession#:~:text=If%20someone%20dies%20intestate%20in,then%20passes%20to%20any%20siblings.

Also, what about her "handwritten unwitnessed will"... does it have no legal weight at all in this case? Seems like it should. What reason did the attorney give that this document is not valid?

Go to Probate. You become an Administrator. You get a short-certificate to handle Moms estate. No Will, the State determines who inherits. I think in my State you would inherit as the child. Grands don't come into the picture unless the children have died. Not sure if there is a trickle down effect meaning the grands gets ur sbrothers half. Probate should be able to answer that question. If they do, they do.

As I understand it, a person who has died cannot inherit, meaning if your brother died before your mom his kids cannot claim his share . It is actually better for you that her will is invalid, you as next of kin are entitled to her estate, and I suspect that is what your lawyer meant by no need for probate, which again is a blessing as probate ties everything up. If you haven't heard from your lawyer why haven't you called him? Get on his case. Or you can go to surrogates court yourself to be appointed administrator of her estate. You can then go to the bank and close out her accounts. You can have her house deed recorded to you. You are the next of kin, you inherit. My aunt died and had no will, my mother had to do this as she was her next of kin, I helped her and we were able to just do what had to be done. As long as the estate is under a certain amount you can do all of this yourself. You are not obligated to give your brother's children anything.

Seven months with no communication? You need a new lawyer pronto. After the first few times of not hearing back, that should have prompted you to make a change. That lawyer is not the one for you. As others have noted, each state has different rules regarding the probate process. A competent attorney will be able to guide you through the process relating to your state.

I am son who was a full-time caregiver for my mom. Each year, I would go over important legal documents with her: POA, Health Care Proxy, Will, Funeral Arrangements, Obituary, and Deed, to make sure she was OK with everything. I would then prepare a sheet that both of us signed and dated noting our review. I wanted it for my record in case anyone (including my siblings who were never involved in her care) every questioned my decisions.

When she died last year at age 93, I was prepared. Her funeral wishes were followed. When it came to closing the estate, it was a very simple process that involved my attorney's office filing a death certificate with the County Clerk to confirm ownership of the family home (mom had life use) transferred to me. The paralegal kept me informed of what she was doing by email and phone, and responded to all my questions. I paid an upfront retainer fee that was drawn down as the process moved forward.

Many of the horror stories that occur regarding control over property, bank accounts, estates, funeral arrangements, etc. might be avoided if wishes were discussed and reviewed on a regular basis. Death is certain for all of us. Having one's wishes known before makes it easier for those who survive. I wish you well.

Find another attorney.
Do what you can and then let it go. . . as difficult as this might be.

You do not want to ruin your health due to legalities and how things went in the past. It is easy to realize what we should have / could not done after the fact.

I understand this is not only emotionally difficult, it involves finances and what you feel is unfair (which it might be). Anger will not serve you moving forward. While it will / may be difficult to consider the situation this way 'be grateful for what you do have / will have' and appreciate yourself for what you did for your mom, regardless of how the Will / or lack thereof is divided up. I know this is a tall order / recommendation / advice-support. You want to maintain your well-being as best you can. Being mad, disappointed, upset, angry will not serve you. Although it is understandable.

Gena / Touch Matters

The law of the state where your mother was residing in when she passed will control what happens. If she passed without a will according to that states law, everything generally passes according to state intestacy rules. If she had a will then the executor would generally have to open a probate, pay any debts, and disburse assets to the named beneficiaries. I would talk to a lawyer in that state who does probate.