Legal Question in Wills and Trusts in Indiana
two wills
What happens when a person leaves two different, signed wills both with the same date? The will left property which was in a trust The lawyer who wrote these is dead. Was he required to publically ''file'', ''post'', keep or have kept a copy of the will, wills or trust?
2 Answers from Attorneys
Re: two wills
If you have copies of these documents, you should show them to an attorney. It sounds to me like one of the documents is a trust, and the other is a "pour-over" will, to back up the trust. The trust should be examined first, to see if there is any need to open a probate case.
Re: two wills
Depending upon the language in each "will" or document, the court will construe the documents to effectuate the intent of the testator so that unless one document directly conflicts with the other, both will be honored. Mr. DuMond is correct, you need to take both documents to your estate attorney. If you do not have an attorney, you should call the bar association for a referral to someone who practices in this field.
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