can the courts overturn a last will and testament?
918084
They did to Stephen Girard's will in Philadelphia.
149336
yes, you should probably seek a lawyer, preferably one that specializes in will, trust and estate law.
867263
Its impossible, unethical and illegal for anyone here to give you specific advice without knowing what state you're talking about.  \n\nGenerally, the laws of the US say that if there is a will, then the terms of the will are controlling as to what happens.  To enforce or effectuate the will, a proceeding needs to be filed in a probate court.  This will transfer all property and allow for the administration of the estate, (including all final bills, etc)\n\nIf there is no will, then the decedent died intestate (without a will).  The laws of your state govern what is called intestate sucession.  This says who inherits and how much.  Only an attorney who is licensed in your state can advise you on how those laws will work in your case.\n\nIn MOST cases, the family can agree to deal with the estate in a very different way, but it requires some legal manuvering to do so.  \n\nIn all of the scenarios above,  you need the advice of an attorney in your state who is experienced in probate law.  If you don't have an attorney, contact your local or state bar association for a referral.
837713
I would quickly phone a paralegal or attorney (use phone book) and ask them your "quickie" Last Will question as they would be best equipped to provide you with an appropriate answer.  If that's not possible, I would write out your Last Will, and Testament on a piece of paper giving your full name and the names of your executor and beneficiaries.  It may not hold up in court if challenged, but it's better than nothing.  Rather than using a plain piece of paper, you could have your friend run out to an office supply store and pick up a blank copy of a Last Will and Testament usually found in the Business Forms Section of the store.  If you're set up with a computer, then you could try using one of many computer software programs (i.e, Intuit's Will Maker) which will generate a Will for you as quick as you can type in your name and that of your beneficiary(ies).  One other option that I might suggest is that you contact the hospital social worker and tell this person your predicament. Every hospital has at least one social worker who is suppose to be able to handle these types of situations.  In any case, best of luck.  \n\nHopefully, you will come through the surgery with flying colors in which case this potential problem will be moot.\n\nCheers!
82649
Is this the scary attempt to overturn our Supreme Court rulings?
946082
Yes, this type of will is called a holographic will.\nHowever, the entire will needs to be handwritten by you.\nYou will need to sign and date it but under Kentucky law, you do not need a witness to a handwritten will.\nHowever, after death, someone will have to testify that they are familiar with your handwriting.\nJoint handwritten wills are invalid because they are in two different handwritings.
200591
Talk to a lawyer.\n\nIt depends on whether or not he made a will and on the provisions of any such will.\n\nYou could also try talking to his widow but I guess that is not an option or you would perhaps have pursued that course.\n\nTalk to a lawyer.
367485
This is controlled by state statute; it's different for every state.  Usually the will will list an executor who will handle the distributions in the will.  It can often take over a month to get around to reading the will to the heirs, though there's no reason for it to take so long.  It frequently take MUCH longer-up to 3-9 months--to "probate" a will through the court process.\n\nIf you're concerned, you should call the 'clerk of court' in the state and county where your relative died.  They will adivse you on local procedure.
164676
There are all sorts of legal remedies against the person if they do that.  What is very common is for people to be dissatisfied with the execution of a will and falsely claim that others such as the attorney and executor have abused their position.
285628
I think you can get a copy of the will from the courthouse if it is in probate. If it is just a handwritten will and hasn't been notarized or legally written up, then maybe an attorney might help you. You can contest the will.
993352
I'm not a lawyer, and if this were my dillemma, I would definately be seeking legal counsel. I would venture to guess though that if there was a will, the will would have to be honored. But as you can see with the Anna Nicole Smith case, it is tied up in litigation still. I guess it all comes down to who wants to contest what. If there is no contesting the will, the will should be honored. I advise seeking a lawyer on this one though.
362130
http://www.ilrg.com/forms/lastwill.html\n\nTry these sites..I don't know what state you are in\n\nhttp://www.medlawplus.com/library/legal/lastwillandtestamentform.htm\n\nhttp://www.uslegalforms.com/last_will_and_testament.htm
28490
No.  It only goes to probate if someone is challenging the will.
1076082
Your mother does have a will, it was just written by the state legislature.  Probate court is not really something you can avoid at this point in this case.  You cannot switch the title to your name without going through probate.
1033101
Simple answer . It can't. It's a court ordered judgment on you.
479663
There's no law that says a will has to be fair.  The reason people write wills is so they can do whatever they want and be sure their wishes will be carried out.  Don't blame your father; it's likely his hands are tied.  And don't be bitter, either.  Money can pull families apart, and it's not really worth it.
968917
No, you can't get a case overturned if you dismissed it voluntarily. And you should not think that simply because the judge is allowing a motion to be filed that he or she necessarily will grant the motion.\n\nHowever, the best advice for you is undoubtedly to consult an attorney in your jurisdiction. A company will be represented by lawyers, and the court will not grant you any extra consideration simply because you're not trained.