If my parents planned their Will together and since then my father has died, are the wishes of their Will the same once my mother dies?

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If my parents planned their Will together and since then my father has died, are the wishes of their Will the same once my mother dies?

My sister says that my mother has
different wishes than the original Will
she and my father had a lawyer write.
No addendum or new Will has been
created. So, is the original Will still
legal and binding?

Asked on February 4, 2017 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a validly executed (signed, witnessed, etc.) will remains in effect until and unless it is changed or revoked by a later will or addendum. If no such later writing, done in the way of and fulfilling all the requirements of a will, was created prior to the testator (person making the will) passing away, then his will will be given effect, regardless of any later wishes he allegedly expressed.


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