QUESTION

How does a lawyer get permission to rewrite a will after someone has already died and the will should have be exicuted?

Asked on Jan 07th, 2012 on Wills and Probate - Tennessee
More details to this question:
A will was suppose to be exicuted in my favor. However, a senior lawyer discovered that the lawyer that drafted the will made several mistakes in preparing the will. The will was suppose to be exicuted over a year ago, but the firm keeps telling me that they are still fixing the first lawyers mistakes. How long should redrafting a will take, without the person being alive? What process does a law firm have to go through to fix a will after the person has already passed? A little added info... There are several properties, businesses, and vehicles involved in the will as well.)
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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There is no "permission" to rewrite a Will after the testator (the person who's Will it is) has died. In most states, it is possible to make correction of errors to which there is no objection by filing an affidavit with the probate court. The process essentially allows a lawyer to admit to the his or her errors.Once the Will is submitted for probate, the parties affected (and generally, people of certain relationships to the decedent) are to be notified as required by state law. Those wanting to contest or correct its content then have a certain time period to file their challenges. The lawyer's affidavit that is filed to make changes must state specifically what mistakes were made and what corrections are needed. Then the judge reviews the state laws that apply, makes a ruling and orders what is to be done next to correct the errors. The time required depends on the state's laws.However, unless there are details or circumstances that you and I don't know, it should not take a year to get started. I am sorry to have to suggest it, but you might want to hire a different Tennessee estate lawyer to figure out what is going on. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com
Answered on Feb 15th, 2012 at 12:23 PM

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