Legal Question in Wills and Trusts in New York
wills
If a person changes his mind about most current will and destroys it will the previous will be honored or must a new will be made? Only the attorney who prepared both wills knows that the second one exists, but he would not be hired to probate it.
Asked on 11/23/08, 10:57 pm
2 Answers from Attorneys
Warren Markowitz
Warren R. Markowitz, Esq
Re: wills
Revoking a current will does not reauthorize a prior will. A new will must be drafted and executed in accordance with statute.
If the testator fails to do this, they will not have a will and the estate will pass according to the laws of intestacy.
Answered on 11/23/08, 11:21 pm
Stephen Loeb
Law Office of Stephen R. Loeb
Re: wills
You need to make a new will, destroying a will does not reinstate an older will.
Answered on 11/24/08, 10:47 am
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