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911...PLEASE HELP...is she out.............

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Old Jan 18th, 2008, 10:52 AM     #1
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Confused 911...PLEASE HELP...is she out.............

My brother passed and named me as executrix of his will. The will is still in probate. He left his ex-wife a life estate to his house, which she is living in right now. As well as all his assets. When his ex-wife passes, his two nephews are named to inherit the property. I have retained an estate attorney to handle all the legal aspects. There have been several letters written to the estate attorney questioning my actions as well as questioning some of the claims against the estate from attorney/attorneys claiming to be representing my brother's ex-wife. The last time I was in Tennessee was August, the house and everything seemed fine. Then these letters started coming in. I was in Tennessee the second week of January and decided that while I was in town, I should check on the property in the will, since I am the executrix. I went to the house and was denied my "periodic" inspection of the property and was told for my lawyer to contact her lawyer for anything I needed to do.
My question is.....................
there is a paragraph in my brother's will that reads,
"If any party mentioned in this last will and testament of ----------
retains counsel to represent them or contest this will, then that party shall be excluded completely from any inheritance."
Do you agree that he is NOT saying that someone can't retain counsel, but warning them what would happen if they did?
Now, has this woman retained counsel or not? Knowing full well she would be excluded?
He did give her a choice, didn't he?
IS SHE OUT??????????????
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Old Jan 22nd, 2008, 05:46 PM     #2
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Default Re: 911...PLEASE HELP...is she out.............

I would suggest you have counsel review the document closely and her acts as well.

Such provisions are sometimes not upheld and everybody has a right to get some counsel as to their own interest or for understanding etc.

It is a close call here frankly without seeing all papers.
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