Numerous wills may have been drafted and changed by your loved one. At the same time, they were still living in response to significant life events like marriage, divorce, the birth of children, etc. Every will typically states that all prior wills are annulled. However, this is grounds to question the most current will’s legality. So, let’s understand what does probate attorney do if there are multiple wills?
Risks related to multiple wills:
If you don’t take caution, making many wills at once could jeopardize your entire estate plan. The following are some dangers of having more than one:
- Confusion – Your loved ones can be perplexed by your instructions if you have many wills. The previous will get overruled in favor of a new one is not common. If your loved ones read the wills together, they can find clauses that conflict with one another and quarrel over which will’s terms should apply. Additionally, if you designate different personal representatives in each will, they might be uncertain of their obligations.
- Multiple wills filed with the court for probate – A probate case is typically launched when your representative gives the court your original will. Your representative or your loved ones may submit more than one will to the probate court if you have several wills. This may necessitate a special hearing in court to decide which will is legitimate, which would have added further delay, expense, and dispute that could have been easily avoided.
- You unintentionally revoke a will – You might intend to add to a will or address property in another region, but you might end yourself doing the opposite. As a result, the probate court may ignore all of your prior wills and treat the most current will as the only legitimate one.
Issues after contesting a will:
- The will was not executed in the manner required by state law. For instance, some states demand two witnesses and the presence of all participants in one room. Normally, lawyers are quite knowledgeable about these regulations and ought to have ensured that the will was duly executed. That isn’t always the case, though.
- The individual was improperly influenced. You would need to demonstrate that your loved one was subjected to the intense pressure that prevented them from exercising their free will to establish undue influence.
- The will was obtained through deception. In this instance, your loved one may have been misled into believing the paper was a deed or power of attorney when it was a will. You would need numerous witnesses who would be willing to attest to the fact to prove this.
- It will also exist in a more contemporary form. The majority of wills begin with a clause that formally revokes all earlier wills. Even without this phrase, the law typically construes the most recent will as being the legal one.
Solution on having multiple wills:
A judge will decide which of two wills submitted to the probate court is the legitimate will. The court will also consider the aforementioned scenarios to ensure, for example, that your loved one was in the proper frame of mind while writing it. Usually, it’s just a simple case which is the most recent.
The procedure of making a will is typically simple, but strained relationships and aggrieved family members may make it more challenging. Keep in mind that the ultimate goal is to honor your loved one and the legacy they intended to leave behind if you find yourself involved in the process of a will being contested.
How probate attorney if you have multiple wills:
Since there are frequently interpersonal matters, all of these instances call for a level of proof that is challenging to acquire after your loved one has died away. To present medical evidence in court, you’ll need to demonstrate lying or wrongdoing. To avoid the litigation dragging on, the parties will, nevertheless, frequently agree to settle.
Probate attorneys are the personalities who always deal with probate and related work. These kinds of cases are seen very carefully in court. A probate attorney can lead your case with valid points and get you the authority of property. For leading a case, you should choose a lawyer who has a great experience in the same field. As in these types of cases, there is so much chance of fraud and many other things.
A good probate lawyer should have these qualities:
- He should be aware of his will and work.
- Knows how to present their thoughts
- Should be aware of rules and regulations related to multiple wills
If you have probate having this quality, he can surely assure you of winning the authority for property. He can help you to present your point in court in front of the judge and validate for your betterment on good terms.
Your representative or your loved ones submits more than one will to the probate court. This may necessitate a special hearing in court to decide which will is legitimate. This added further delay, expense, and dispute that could have been easily avoided. From getting a tension-free solution to this court trial Probate attorney can help you for contesting. Moreover, Probate gets your rights when there are multiple wills.