My parents had been married for over 40 years and had a joint will. This past year my father passed away and the will was released to me and...

Question

My parents had been married for over 40 years and had a joint will. This past year my father passed away and the will was released to me and my sister, who I do not speak to or associate with due to personal matters. To give you some background information my mother owns her primary residence and another house that she rents out, but it could be used as a commercial property. In the joint will, my father left their primary residence to my sister and instructions to sell the rental/commercial property and to split the money among the grandchildren. Given that my mother's primary residence is across the street from mine my mother decided to change her will after my father's passing and without my sister's knowledge. My mother signed over the deed to her primary residence (across the street from me) to me, so as of now, I own my mother's primary residence. My mother then decided to leave the rental/commercial property to my sister (this property is actually worth more than my mother's primary residence). I do not care that it is worth more. I wanted my mother's primary residence for my kids one day.

So this leads to my question. My mother's will is quite short and leaves the rental/commercial property to my sister and includes nothing about primary residence because I now own it. What I want to know is does my sister have any say about my mother's possessions in her primary residence? My mother did not leave any personal possessions (furniture, pictures, family momentos) to my sister in her will. The only thing in the will my sister gets is the rental/commercial property. I'm just worried that when my mother passes away, my sister will try to claim furniture, pictures, and other family momentos in my mother's primary residence (which I now own).

Answer

Is your mother still living? Has HER lawyer reviewed the joint will and advised her about how it should be treated?

This is not your issue - your mother has the right to dispose of her property as she wishes.

You and your sister would have interests under the joint will if it required that your mother follow the same dispositions as she and your father had provided in the joint will. That is usually the purpose of such a will.

If you have concerns based on the copy of the will you were given, you should consult with your own lawyer.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

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