What if There Are Two Wills in Tampa?
The loss of a loved one can take a major toll on family members, and the legal process ahead can be confusing for many. Sometimes, this situation is more confusing than it has to be. One example is the presence of two or more Wills. If you face this situation, you might ask the obvious question: Which Will is real? Which of these Wills is outdated or fraudulent? If you’re trying to answer these questions, you might want to get help from a Tampa probate lawyer.
Why Are There Two Different Wills?
Various situations could lead to the existence of multiple Wills. First, someone might create a new Will to replace an existing Will. If they never make it clear that the old Will had been replaced by the new Will, the court might need to examine both documents to determine which one to follow. Your loved one might have forgotten about a Will they made long ago before creating a new one. Even the sharpest seniors can make this mistake.
Your senior might have also made a new Will because they were under the influence of someone else. This might have been a caretaker, a family member, or a suspicious new romantic partner. Whatever the case may be, your loved one might have been coerced or pressured into creating a new Will. As a family member, you might be understandably concerned about the presence of this new Will.
Finally, it is possible for people to create entirely fraudulent Wills without any input from the actual testator. For example, a scam artist might have created a Will that seems legitimate. However, your loved one might have never seen or signed the Will in question. Most experienced estate planning lawyers can spot these fraudulent Wills fairly easily.
Various strategies could help in this situation. Your lawyer might point out that the signature on one Will is clearly not the signature of your loved one, for example. A torn or ripped Will may indicate that the document was discarded by someone who wanted to “cancel” it, even if they did not take the necessary steps to do so.
How Does the Court Determine Which Will to Follow?
The probate court will need to determine which Will to follow after your loved one dies. If there are multiple Wills, then various parties might have the right to submit these Wills to the probate court. The court will then need to decide which one of these documents is legitimate. As a concerned family member or beneficiary, you might have the chance to argue that one specific Will is the legitimate document. You can make these arguments with help from a lawyer.
Can a New Port Richey Estate Planning Lawyer Help Me?
If there are two or more Wills after the passing of a loved one, you might want to consider working with an experienced estate planning attorney in Seminole. These legal professionals can help you approach this difficult situation with confidence. If you suspect that one of these Wills is fraudulent, you might be correct. Explore your options in more detail with Knudsen Law today.
Source:
help.flcourts.gov/Other-Resources/Probate
