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Lisarox Asked December 7, 2023

Uncle passed on Nov 21st. He left a hand written Will and a printed Makers Will. How do we get it recognized?

My husbands Uncle just passed 11/21/2023. Uncle Bob wrote out a Will in 2018 and also did a Makers Will 2019 printed off the internet. The Makers Will was witnessed by two neighbors of Uncle Bobs.


Uncle Bob left his possessions to my husband.


Bob lived in our rental the past 12 years. He did not own any property other than his personal effects. He was a highly decorated Major in the Army (flew helicopters) He died of end stage renal failure but he also had recently been diagnosed with Agent Orange.


We helped him apply for for full benefits/compensation.


He passed without ever receiving this settlement.


Uncle Bob had a small bank account less than 5k. We used pre written/signed checks for Oct Nov rent and paid for his cremation out of one of those rent checks.


Uncle Bob has 2 daughters who he hasn’t seen spoken too in over 30 years. In fact he made it known in his hand Written Will that these two daughters where to get nothing. He also told anyone who would listen this fact.


We have several handwriting samples going back 60 years.


How does my husband get these Wills recognized?


We are tasked with cleaning out our property and won’t be able to rent it out till at least Jan or Feb :(


We would like to start whatever process to have access to funds and protect ourselves from any problems that might arise with his daughters.


We don’t even know where they are at.

Moondancer Dec 8, 2023
Depending on what state you are in there may be free legal aid for veterans and that may also be available to use since there are lingering legal issues.

Here is a start, you can try googling for more information that is State specific.

https://news.va.gov/109137/free-legal-services-for-veterans/

Geaton777 Dec 7, 2023
This may be a job for an attorney since rules that surround hand-written Wills may differ by state and this is a global forum of non-attorneys who have no accountability if we give you an inaccurate answer.

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Isthisrealyreal Dec 7, 2023
If there are no assets, I would get an affidavit from your state and proceed that way. My dad had nothing and I was able to handle his few personal possessions this way. Free and easy.

If you are worried about the daughters showing up, you can protect yourselves by sending a certified return receipt letter to the last known address of all his children. This will prove you were diligent in your efforts to notify them that he passed and informing them that he had NO estate.

Keep those certified letters unopened when they are returned undeliverable. This will protect you in the event they show up.

AlvaDeer Dec 7, 2023
This means a trip to an attorney and to be honest, no way around it. Especially as to whether the settlement/monies due from the Agent Orange exposure dies with your uncle or whether that settlement was to go to him or his estate. Because without that settlement, truly there is no estate nor any need to file anything.
Because of the Agent Orange question I am thinking this likely isn't do-it-yourself work. From what I read the settlement re Agent orange DOES NOT die with the recipient, but is passed to their heirs through DIC settlement.

You have a lot of questions that need legal expertise in answering for your area. You need an hour of time from an attorney.
Make arrangements to see a probate or Trust and Estate attorney. Gather all papers and all facts. Do know that a handwritten will is perfectly legal almost always, called a holographic will, and that the last will takes precedence over any written before it in almost all cases.

See an attorney at your earliest convenience and let us know how it goes for oyu. Wishing you the best of luck.

BarbBrooklyn Dec 7, 2023
You need to submit the wills for probate.

Google "how to submit a will for probate in (your state)" and you will find instructions.
olddude Dec 7, 2023
Exactly. They need to see a probate attorney.

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