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My stepmother left a will., but she did not sign it. my sister will not give it to me. What can I do?

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How do I handle this?
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Southernwaver May 23, 2024
There is nothing to handle. You stepmother had no will.
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It's of no use if she didn't sign it.
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It’s worthless.

Consult a lawyer to be sure.
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"What happens if a will is not signed?

1) When the testator has not signed the will

The testator, or the willmaker, is required to sign the finished will. If the willmaker never ends up signing the will, it will not constitute a legally binding document."

Source: https://www.harrimanlaw.com/estate-planning/wills/4-things-that-make-a-california-will-invalid/#:~:text=1%20%E2%80%93%20When%20the%20testator%20has,constitute%20a%20legally%20binding%20document.

It may vary by state and you don't reveal what state this is all taking place in.

How do you know it's unsigned if she isn't showing you?

If the will isn't signed then why is your sister worried about showing it to you?

Why are you worried about a worthless will? Did your step-mom's estate go through probate?
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Have you seen it? Or is your sister simply telling you that it isn't signed? Is it possible that the will was signed, and your sister simply has a copy that wasn't signed? If the will was produced in a lawyer's office, they frequently keep the signed original with the deeds they hold. It helps to provide the future probate work!

A copy is often produced, simply because the original is so valuable and needs safekeeping. Usually the copy would be a photocopy, clearly marked as a copy. However it is quite possible to have an unsigned copy if two copies were printed in a place where there was no photocopier to make a copy of the signed original. I've done this myself when preparing a will at home for a neighbor.

You certainly need to be questioning WHY your sister has a copy that isn't signed. Who produced it, when, and why was it never signed. If the copy is dated, it is quite probable that somewhere there is a signed original.
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Geaton777 May 24, 2024
Margaret, in my personal experience both the PoA and the Executor get to keep their own original, signed & notarized copy of the documents. It makes no sense for only the attorney to keep it, since attorneys also pass away, people move away, people forget, and misplace the name of the attorney's office, etc. At the very minimum they need a digital copy that was fully legally completed (signatures and properly notarized).
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No signature. No will.
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Your Stepmother died intestate, no Will. And you as a step child are not entitled to any of her estate. The State will determine who is beneficiary. If she has children of her own, they will inherit. Brothers or sisters, nieces or nephews, they will inherit. Even parents.

Probate will tell you if Will is valid. It probably isn't so someone needs to become the Administrator. The person will have the same responsibilities of an Executor except the State will determine who inherits.
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Nobody has to supply a copy of any will to you at all. Ever.
The executor of a will is legally liable to notify BENEFICIARIES of a will that they are listed in the will; the state dictates the amount of time they have to send out notification to beneficiaries.

In almost every state an unsigned will is not legal. There are some few exceptions of circumstances in which they may be. Generally a probate attorney will let you know your rights in your state for a reasonable fee.

You can do your own research online about the rare circumstances in which an unsigned will is accepted by the court. Type into the search bar "unsigned wills". I found a lot of things about the subject easily.

Do know, if there IS/WAS a legitimate will it will be filed for probate in the county the deceased died in and it is a public document.

Your sister is under no obligation to give you anything. If she is listed executor of a legitimate will she will do her duties as executor (easily researched under "duties of executor of will in the state of _____).

Good luck.
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NeedHelpWithMom May 24, 2024
It does seem like we see a lot of people who want to know what is in the will long before the person dies.
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There might be an original signed will somewhere, if an attorney handled it that firm has a signed copy.

Who is the PR of the estate? Just because your sister says it is not signed doesn't mean it isn't.
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