QUESTION
What legal standing does a executor have when he has the principle write to wills in one day?
Asked on Jan 08th, 2021 on Wills and Probate - Kentucky
More details to this question:
A family member has recently passed away and his son was believed to get everything once he turned 21, but until then it was supposed to go to a trust; But his lawyer found out that the Executor had a second will written on the same day as the first and it completely goes against all of that. He (the executor) says they have a deed for the property in their name as well. The property though, has a mortgage which the divorced spouse is still on as well as another deed in which her name is on (assuming to be the original deed). What kind of legal standing does the executor have in this situation.
1 ANSWER
2 Awards
Someone named as executor has no legal standing as executor until a court appoints him. Whether the trust supercedes the Will so that the Will need not be probated and no executor can be appointed by the court depends on what the documents say.
Answered on Jan 09th, 2021 at 5:27 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.