A married woman with one child passes away and her husband is the sole beneficiary. Two years later the husband passes

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Customer: A married woman with one child passes away and her husband is the sole beneficiary. Two years later the husband passes away without having updated his will in which specifies that his brother is to be the executor and his wife is the sole beneficiary. Is the will still valid.
JA: Estate laws vary by state. What state are you in?
Customer: I'm in Canada in Ontario.
JA: What documents or supporting evidence do you have?
Customer: The wills of both the husband and the wife.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I suspect that the son would make some sort of claim through the courts to claim the estate but would his uncle then still be the executor.
Answered by Debra in 2 mins 1 year ago
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Debra
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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166482 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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166482 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
I do not have a cell phone.
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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry for your loss.

The will is valid in a sense that the brother would still be the executor unless the brother wishes to renounce. The entire estate would pass to the son because the bequest is invalid so it would be as if the father died without a will and the son would be the sole beneficiary.

Does that help?

Does that help?

Customer
Please cancel my request.
Customer
Things got a little bit out of sequence. The answer was satisfactory. At the moment I have no more question but should any others arise, I will contact you again. Thank you.
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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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