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.
Google "how to submit a will for probate in (your state)" and you will find instructions.
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.
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.
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/