Legal Question in Wills and Trusts in Florida
What happens to previous wills written by deceased before successor changes it?
My father died in 1991. He showed me his will for personal reasons before his death. My mother was the sole inheritor. Are there copies of the previous wills written (such as in an attorney's files) before my mother could probate it? And can she change his final will, and make it her own decision before she has to probate it?
2 Answers from Attorneys
Re: What happens to previous wills written by deceased before successor changes it?
The most recently written will supersedes all previous wills, and only the most recent should be filed with the court. It doesn't matter whether previous wills are destroyed or not. Neither a beneficiary nor an executor may change a will. If your parents lived in California, it is unlikely that your father's estate was probated since his spouse was the only beneficiary.
Re: What happens to previous wills written by deceased before successor changes it?
The last will written by your father is the one that controls. If a Probate has begun, you will need representation.
Please call our office for a free consultation in a more private forum.
we can be reached at the email provided by LawGuru or through our firm's site at No-Probate.com
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