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We always recommend that clients discuss their own testamentary wishes with a trusted Estate planning attorney. Without a Will or Trust, a person’s assets will be distributed per the probate laws in the state in which the person passed away.
You may be the relative who cared for the Deceased for a lengthy time period, while others spent virtually no effort assisting in the Deceased’s remaining days. The Deceased may have made it clear to you that you would be rewarded for your efforts and care, but that desire, wish, or intent was never properly documented.
Now that the Deceased has passed away, and the probate process has begun, others may have claims to the Estate that are “at odds” with the Decedent’s words to you. Unfortunately, the verbal wishes of the Deceased may not be provable, and therefore the State guidelines will be followed. As a consequence, you may suffer a financial loss, and the Decedent’s last wishes may go un-fulfilled.
If Mom desired all or a major part of her Estate to be given her child, then that wish should be documented in writing with the help of an Estate planning lawyer.