Can I legally make the beneficiary of my late ex-husband's Will give our minor daughter money from the estate?
Question Details: My ex-husband recently died leaving a Will with the first page gone. He and I have a minor daughter. Does the estate go back to a previous Will he had leaving his house to his mother. If so, can I legally make her give my daughter proceeds from the sale of the house?
If you can't locate the first page of the will, that will is most likely void, because a court cannot determine all its terms: a document like a will cannot be enforced if you don't know what it calls for. So the prior intact will would most likely be the one enforced. If it is, then the home would go to his mother, and she does not to give anything she inherits to your daughter: once it is hers, it is hers to decide what to do with.
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