What happens if there are 2 competing Wills in an estate?

UPDATED: Mar 13, 2013

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What happens if there are 2 competing Wills in an estate?

Also, the person’s bank account was cleaned out after she died, from an ATM, we suspect her daughter and the money might be from her social security check. what can we do? police report?

Asked on March 13, 2013 under Estate Planning, Minnesota


Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Generally, the later will controls over an earlier will.  Most wills state that they revoke earlier wills and most state statutes provide that a later will controls if it conflicts with an earlier will.  If someone is claiming that the later will is invalid, you are in for a fight.  Probate litigation can be prolonged and expensive.  If the proponents of each will can work something out, that would be best for everyone.  Entire estates can be consumed by the cost of a will contest.

Call the police about the ATM withdrawal.  Also speak with the bank about it to see if they will also call the police.  Police departments and prosecutors generally respond better to banks than to "family squabbles."

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