If there are 3 wills, which stands up in probate? There were 3 wills written and signed by 1 couple.

Asked over 2 years ago - Little Rock, AR

Will (A): Wife formed in May 1993. It stated that all adopted or born children were to be included just as any other living children when the will was formed.
Will (B): Husband formed in June 1993. It stated that only "descendants" would be included in the distribution of the assets.
Husband passed away in June 1998. Wife took on the role as executor of half of his land and his home. The other half of his land and assets were placed in a trust (as according to his will).
Will (C): Wife formed in September of 1998. It stated that 1 son received the home, contents and 2 acres of land. She signed over the house deed into his name.
The son has not claimed this until after her death. He has not paid anything nor lived in the residence until now. It was unknown to all people besides the son.

Attorney answers (2)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    5

    Lawyers agree

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    Answered . It appears that Husband's Will has already been probated (well over 5 years ago), so that shouldn't be an issue anymore.

    So, assuming that the Will that Wife executed in 1998 was valid, then it should be the will that is probated because it is her last will.

  2. Michael S. Haber

    Pro

    Contributor Level 20

    Answered . I'm not sure I understand why you provided quite as much detail as you did. The husband died in 1998 and his wife served as executor; his testamentary scheme was to leave her "half of his land and his home." I'm not sure if you are suggesting that the entire home or just half of it. I am similarly not sure whether the "land" you refer to the land on which the "home" stands or whether you are referring to multiple parcels of real property, at least one of which had a home on it.

    Thereafter, the wife changed her will. You indicate that during her lifetime, the wife signed over the deed to the house to her son. By this, I suspect you mean that she named him as a joint tenant with right of survivorship, rather than an outright conveyance. That being the case, it would appear that the son became entitled to the house upon his mother's death, unless half of the interest in the home remained in trust.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more

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