Legal Question in Wills and Trusts in New York
who has valid will
If there are 2 wills and the latter is filed first. Does the person in possession of the first will (1993) who is named as executor have to pay the legal fees to contest the new will (2001). Or does it come out of the estate? Also does that include expert witness testimony if necessary? who would pay the fees for legal expense and testimony?. Also how does it work , is there an advantage to filing the will first?
2 Answers from Attorneys
Re: who has valid will
The cost of contesting a will is paid for by the contestant. If the contestant wins, and the estate is enriched thereby, then cost is paid for by the estate.
Many times will contests are settled and a provision of the settlement is that the costs to contest are paid totally or partially by the estate.
Tactics will vary, depending on circumstances, regarding whether it is wise to rush to probate an earlier will.
Re: who has valid will
Contesting the 1993 may be a moot point if the following is true of the 2001 will that was filed first:
Does the 2001 will revoke all previous wills and codicils? (Does it mention specifically the 1993 will as being revoked?) Is the 2001 will properly witnessed (including the self-attesting affidavits of those witnesses?)
There is no �first to file� advantage when it comes to wills. (Filing an invalid will "first" will not make that will valid.) The validity of a will has to do with form and adherence to certain statutory requirements. It seems you need to contact an attorney to help you sort this out.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
