OLD WILL- NEW WILL

jsarniejr

New Member
Jurisdiction
Massachusetts
In 2006 my dad had a will done and gave his house to my sister in its eternity as long as she lived in the house If she didnt live in the house it goes to my Brother ,said sister and I equally .In 2012 my dad thought better of it and gifted the house to all 3 of us equally . all 3 of us appear on the deed. Our sister is now trying to go to court to enforce the 2006 will because she lives in the house and my brother and I would like to be bought out or sell. I'm aware of a partition action but does she have a leg to stand on trying to enforce something that was superseded ? please advise
 
In 2006 my dad had a will done and gave his house to my sister in its eternity as long as she lived in the house If she didnt live in the house it goes to my Brother ,said sister and I equally .In 2012 my dad thought better of it and gifted the house to all 3 of us equally . all 3 of us appear on the deed. Our sister is now trying to go to court to enforce the 2006 will because she lives in the house and my brother and I would like to be bought out or sell. I'm aware of a partition action but does she have a leg to stand on trying to enforce something that was superseded ? please advise

A will is simply the intention of a LIVING person at a point in time.
Nothing in the will occurs UNTIL the person dies.

Unless your dad was dead when your sister began living in the home, that's impossible because you claim he later changed his intention by rewriting the will, your sister's claims are without merit.

In the future, ignore the touts and threats of people, focus on the legality of their claims.

Now you know the truth.

That doesn't mean she won't sue you, but when she does, you know she has no case.
 
Just FYI - per prior thread Dad died 2013.
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