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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 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."


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption