Some of you are, or are about to become in the same position I am in. My mother died in June, leaving a considerable estate. The will was typed at home on an old typewriter double spaced and on both sides of the paper. It was witnessed by the local lawyer and his secretary.
No problem right? WRONG. My mom wrote it in 1989 and it was never updated or had new witnesses. NYS requires due diligence, which I don't object to and neither would my mom. As a result the executor, my brother, can't legally handle her estate since the state office won't accept the will. No will, no executor, no liquidation of hard assets, or distribution of liquid assets. The latest problem? No one knows for sure where the lawyer died, his wife is in a care facility with end stage dementia, and the fact that a nephew had a copy of the obit and memorial service bulletin, means nothing.
It appears that it is more important to determine how and where a person died than it is to take testimony and affidavits attesting to the fact that he lived. Huh? What a mess. There are 9 heirs, the majority of which could sure use some extra cash, and at this point nothing can be done until the state agrees to all of the T crossing and I dotting.
A word of advice to those of you with elderly parents: Make sure your parents end of life planning is complete and up to date. Even if you don't really want any portion of the estate and you are not the executor, it will save everyone involved a huge headache.
Having said that, my wife and I will start planning our estate, the distribution of it, and who is actually competent among our kids to administer it.