If a person executes a new will but the will fails probate because it is not properly executed can the first will be submitted for probate?
It is possible, but it is not automatic, by any means. What you are referring to is "dependent relative revocation," which is defined, here: http://legal-dictionary.thefreedictionary.com/Dependent+Relative+Revocation
It is a complicated situation and you need a probate lawyer to analyze your facts and the documents in question.
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Estate Planning Attorney
Yes. Please hire a trusts and estates to guide you here.
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Lawsuit / Dispute Attorney
It depends on the state law that controls. Some states revive the first will. Some treat the second ineffective will as invalidating the first will.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
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