QUESTION
Does this become Intestate and the assets become 50% to surviving son and 50% to our daughters?
Asked on Feb 12th, 2014 on Estate Planning - Louisiana
More details to this question:
1978 my husband was killed. We have two daughters now 38 and 36. Their Grandmother passed away Sept. 17. Uncle probated will February 4, 2014. Two wills. First will written, witnessed and notarized in 1987. This will leaves a Gruen watch to my oldest daughter and everything else to only surviving son. Second will written in 1998. Witnessed and notarized. Sugar chest left to a friend and everything else goes to husband. If they pass before her, my oldest daughter gets everything. Which they did. In 2000 Mother-in-law writes void on 1998 will and writes note on back page in her own handwriting that she wants to null and void this will and make the 1987 will her last will and testament.
11 ANSWERS
Edwin K. Niles
Some judge will have to decide this one.
Answered on Feb 24th, 2014 at 7:08 PM
2 Awards
She likely resurrected the 1987 will and that will probably control. You need to show the will and a family tree to an attorney. Most attorneys give free consultations so you have nothing to lose.
Answered on Feb 18th, 2014 at 2:40 PM
3 Awards
You need an attorney to review the actual documents to advise you. The application of dependent relative revocation is very specific. Someone cannot answer that question in this forum. You need to consult with an attorney who actually review everything. Best of luck to you.
Answered on Feb 18th, 2014 at 2:40 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the assistance of a probate lawyer to review the documents you refer to.
Answered on Feb 18th, 2014 at 2:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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A judge is going to need to sort this one out. It is certainly possible that the actions of the mother-in-law would serve to "revive" the earlier Will. This is not something that would automatically happen. There would also be a chance for someone to argue that your mother-in-law lacked capacity, at the time the second Will was revoked and that her revocation should either not be effective, or that the estate should be handled under intestacy. The court is tasked with the job of determining your mother-in-law's intent and whether or not she had capacity, as well as determining whether the actions were the result of undue influence. Your case is a perfect illustration of why it is so important to handle all estate planning matters through a qualified attorney.
Answered on Feb 18th, 2014 at 2:39 PM
Thomas Edward Gates
She did an illegal act. The 1998 will states that the 1978 will is voided. Take the matter to court if necessary.
Answered on Feb 18th, 2014 at 2:39 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The handwritten note on the 1998 Will attempting to resurrect the 1987 Will would not act as a Will since there were no witnesses to your grandmother's action. Writing Void on the 1998 Will probably revokes the 1998 Will. The creation of the 1998 will probably revokes the 1987 Will. If the actions that appear to revoke the Wills can be properly established in court then your grandmother's estate should be probated as an intestate estate. These are questions of fact and must be determined in a court proceeding. The exact wording of the 1998 Will revoking the earlier Will and the action to void the 1998 Will are critical facts.
Answered on Feb 18th, 2014 at 2:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think that if the last Will is voided, the other Will would be in effect. However, you need to talk with a local probate attorney to work the issues through the state laws that applied to grandmother's estate.
Answered on Feb 18th, 2014 at 2:38 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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This looks like a law school exam question. A will can be revoked only in the manner proscribed by statute at 755 ILCS 5/4-7(a). I think the question is here would come down to whether the 2000 writing amounts to "cancelling" the will. In the very brief research I did there seems to be some conflicting case law going both ways. This could be very fact-specific and might be a tough call. If your daughter wants to protect her interests, she really needs to hire local probate counsel to advocate for her.
Answered on Feb 18th, 2014 at 2:38 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Probably intestate. This question would require a ruling from the court.
Answered on Feb 18th, 2014 at 2:37 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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More facts would be needed for an accurate answer, but in general, if a will is revoked, the previous will goes back into effect.
Answered on Feb 18th, 2014 at 2:37 PM