Legal Question in Wills and Trusts in California
Original Will found contradicting subsequent Will
After taking occupancy of my father's home, I found the missing original Will. Probate court had earlier ordered mediation when an unknown more recent Will was presented leaving everything to one child. During mediation, siblings had agreed to a division as follows:
1/3 estate expenses, 1/3 son, 1/3 daughter & each sibling give 10% net each to third child.
Can the ORIGINAL Will now be introduced as the ''ultimate'' authority? The deceased requested the eldest child be the Executor. She has demonstrated consistent responsible behavior, unlike the current acting administrator. Even though the court ordered the other child�s attorney to keep everyone abreast of activities, atty is NOT complying & wants extra money for writing cross-complaint Declarations.
1 Answer from Attorneys
Re: Original Will found contradicting subsequent Will
Your situation, as I understand it, is that you found an original of an older Will. A subsequent, duly executed Will supersedes any prior Wills. The concept is that a person can change his/her mind about the disposition of his/her estate. Therefore, the older Will can no longer be admitted for probate. As for the Executor's attorney wanting more money, keep in mind that even fees for extraordinary services must be approved by the Court before any payment is actually made.
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