Is it illegal to probate an old will when you know a newer will exists?
by admin ~ January 22nd, 2010 . Filed under: Law & Ethics .
asked:
My ex sister-in-law filed a will from 1994 stating that my brother was not in his right mind when he created his new will in 2008. The claim was completely unfounded as the will was prepared with an attorney and required more than one meeting. She also entered the house and removed assets that she apparently does not intend to return.
Marylou Utvik
My ex sister-in-law filed a will from 1994 stating that my brother was not in his right mind when he created his new will in 2008. The claim was completely unfounded as the will was prepared with an attorney and required more than one meeting. She also entered the house and removed assets that she apparently does not intend to return.
Marylou Utvik
January 24th, 2010 at 7:40 pm
Yes, we call that fraud.
If she took stuff, she is guilty of burglary and theft of property, call the cops on her.
January 26th, 2010 at 2:27 pm
It is not illegal to dispute the newer will, but the court should decide if the person was really incompetent. Meeting with an attorney does not make one competent or incompetent. If someone wants to submit the newer will, they can. I can tell that you have other questions, but I don’t know what they are.
January 27th, 2010 at 10:46 pm
The 2008 will is valid.