hearing is scheduled to determine whether to use the holographic will. sister had a will and a trust an named people to receive different articles.after this she made a holographic will and named the executor and said she was to be in charge of entire estate but lists nothing. the executor wrote a paper sayin this is what she wanted but is not in sisters handwriting. no children , husband or parents ,. only 2 sisters and 15 nieces and nephews. will the judge go with the holographic will since it was the last will and testament? the executor is asking the trust be good as she is named in it but not in the holographic will . the holographic will says in her handwriting that any FORMER wills or trusts are cancelled? will an atty give first visit without charge/
You have a complex situation and you are very right to be looking to meet with an attorney on this. There is no way you should consider handling this without legal representation. And yes, there are MANY attorneys who would be happy to meet with you initially without charge.
It is impossible to sort out your situation without being able to review the actual documents in question. Some of the other issues that will come up are capacity, at the time the holographic will was signed, possible undue influence, and the title of the assets in question. If the assets are all titled in the trust, then the Will would not apply to them. The only question then would be whether the holographic will statement regarding revocation would be a sufficient revocation of the trust.
Meet with an attorney as soon as possible! Best of luck to you!
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