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The testator, or the willmaker, is required to sign the finished will. If the willmaker never ends up signing the will, it will not constitute a legally binding document."
Have you seen it? Or is your sister simply telling you that it isn't signed? Is it possible that the will was signed, and your sister simply has a copy that wasn't signed? If the will was produced in a lawyer's office, they frequently keep the signed original with the deeds they hold. It helps to provide the future probate work!
A copy is often produced, simply because the original is so valuable and needs safekeeping. Usually the copy would be a photocopy, clearly marked as a copy. However it is quite possible to have an unsigned copy if two copies were printed in a place where there was no photocopier to make a copy of the signed original. I've done this myself when preparing a will at home for a neighbor.
You certainly need to be questioning WHY your sister has a copy that isn't signed. Who produced it, when, and why was it never signed. If the copy is dated, it is quite probable that somewhere there is a signed original.
Margaret, in my personal experience both the PoA and the Executor get to keep their own original, signed & notarized copy of the documents. It makes no sense for only the attorney to keep it, since attorneys also pass away, people move away, people forget, and misplace the name of the attorney's office, etc. At the very minimum they need a digital copy that was fully legally completed (signatures and properly notarized).
Your Stepmother died intestate, no Will. And you as a step child are not entitled to any of her estate. The State will determine who is beneficiary. If she has children of her own, they will inherit. Brothers or sisters, nieces or nephews, they will inherit. Even parents.
Probate will tell you if Will is valid. It probably isn't so someone needs to become the Administrator. The person will have the same responsibilities of an Executor except the State will determine who inherits.
Nobody has to supply a copy of any will to you at all. Ever. The executor of a will is legally liable to notify BENEFICIARIES of a will that they are listed in the will; the state dictates the amount of time they have to send out notification to beneficiaries.
In almost every state an unsigned will is not legal. There are some few exceptions of circumstances in which they may be. Generally a probate attorney will let you know your rights in your state for a reasonable fee.
You can do your own research online about the rare circumstances in which an unsigned will is accepted by the court. Type into the search bar "unsigned wills". I found a lot of things about the subject easily.
Do know, if there IS/WAS a legitimate will it will be filed for probate in the county the deceased died in and it is a public document.
Your sister is under no obligation to give you anything. If she is listed executor of a legitimate will she will do her duties as executor (easily researched under "duties of executor of will in the state of _____).
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Consult a lawyer to be sure.
1) When the testator has not signed the will
The testator, or the willmaker, is required to sign the finished will. If the willmaker never ends up signing the will, it will not constitute a legally binding document."
Source: https://www.harrimanlaw.com/estate-planning/wills/4-things-that-make-a-california-will-invalid/#:~:text=1%20%E2%80%93%20When%20the%20testator%20has,constitute%20a%20legally%20binding%20document.
It may vary by state and you don't reveal what state this is all taking place in.
How do you know it's unsigned if she isn't showing you?
If the will isn't signed then why is your sister worried about showing it to you?
Why are you worried about a worthless will? Did your step-mom's estate go through probate?
A copy is often produced, simply because the original is so valuable and needs safekeeping. Usually the copy would be a photocopy, clearly marked as a copy. However it is quite possible to have an unsigned copy if two copies were printed in a place where there was no photocopier to make a copy of the signed original. I've done this myself when preparing a will at home for a neighbor.
You certainly need to be questioning WHY your sister has a copy that isn't signed. Who produced it, when, and why was it never signed. If the copy is dated, it is quite probable that somewhere there is a signed original.
Probate will tell you if Will is valid. It probably isn't so someone needs to become the Administrator. The person will have the same responsibilities of an Executor except the State will determine who inherits.
The executor of a will is legally liable to notify BENEFICIARIES of a will that they are listed in the will; the state dictates the amount of time they have to send out notification to beneficiaries.
In almost every state an unsigned will is not legal. There are some few exceptions of circumstances in which they may be. Generally a probate attorney will let you know your rights in your state for a reasonable fee.
You can do your own research online about the rare circumstances in which an unsigned will is accepted by the court. Type into the search bar "unsigned wills". I found a lot of things about the subject easily.
Do know, if there IS/WAS a legitimate will it will be filed for probate in the county the deceased died in and it is a public document.
Your sister is under no obligation to give you anything. If she is listed executor of a legitimate will she will do her duties as executor (easily researched under "duties of executor of will in the state of _____).
Good luck.
Who is the PR of the estate? Just because your sister says it is not signed doesn't mean it isn't.