Letters found after death

[desperateinnc]

My jurisdiction is: USA

My husband's grandmother recently passed away. Since his mother is in a nursing home, his sister and him went to the lawyer's office to have the will read. The will states that the house, the contents of the house, and other assets be split between the two of them. A few days after the will was read, a letter was found that contradicted the will. The letter was handwritten, not notarized or signed by a witness. Does this letter have any validity or does the will still stand?

 

[dee_dub]

What's the date on the letter compared to the date on the will? If the letter is earlier, it is irrelevant.

What are the contents of the letter? Does it purport to deal with the whole estate, or just part? Does it purport to revoke the will? Does it purport to be a codicil? Does it state that things are to be distributed in such and such a way, or does it simply show that the writer was considering distributing them that way?

You also need to be more specific about your jurisdiction. The validity of a will is governed by state law.

All other things being equal, it is highly unlikely the letter has any testamentary effect.

 

[desperateinnc]

The letter is more recent than the last time the will was revised.

My husband's sister lived with his grandmother and the letter states that the sister may live there rent free and that all furniture stays with her except one specific item. However, the deed is in my husband and his sister's name. Their grandmother only had a lifetime estate.

We are in NC.

 

[dee_dub]

I'm guessing the letter was signed by her? Then it may be a holographic will (written entirely in the testator's hand). NC allows such wills, and they do not have to be witnessed. Now this may become a messy situation. I suggest your husband contact a local estates attorney.

If your grandmother only had a life estate in the house herself, it sounds like it is not within her power to give a life estate to the sister. She can't give that which is not hers. The purported gift in the letter would then fail. http://en.wikipedia.org/wiki/Nemo_dat_quod_non_habet