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Lv 4
? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Is a will invalid if the lawyer messed up and left my brother out of it by accident?

My father died recently...my mother an her attorney have been keeping the will from the rest of the family...i went to court and got a copy as is my right...i see in the will that the paragraph leaving my brother his piece of land was left out..my father told me what he left my brother in his will so my father did not do this..the lawyer that wrote up the will made a mistake and didn't catch it and now is trying to hide the fact.

My brothers name and the property he was to inherit were left out of dads will entirely.

Update:

the default clause says it gets divided among my brothers 8 brothers and sisters

the attorney now admits his staff made a mistake

they will try to fix this

lesson learned

let your children read a copy of your will before you die

they may see errors that a lawyer or the will writer will miss

trust your children

Update 2:

this is a large mistake when the whole estate is worth 5 million dollars

Update 3:

agree works as long as all 9 kids agree

4 Answers

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  • Beery
    Lv 7
    1 decade ago
    Favorite Answer

    There should be some sort of default clause in there telling who gets the remainder of your dad's property. You'll have to go to that person and plead the case for your brother.

  • 1 decade ago

    If the will was validly signed by your father and properly witnessed, then it is a valid will. Any lawyer drawing up a will is most careful to read it through to his client and to make sure that he has a chance to peruse it. It may well be the case that your father changed his mind.

  • 1 decade ago

    The heirs could agree among them to share out the estate differently.

  • WRG
    Lv 7
    1 decade ago

    And how exactly are you going to prove that that is what happened and it wasn't your father's intent to not leave him the land?

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