Legal Question in Wills and Trusts in Texas
''Last'' Will and Testament
My aunt died last month having had no children. As one of her heirs I was asked to attend a preliminary meeting with the other heirs (my cousins) and her attorney. Her attorney alluded to the fact that their was another will which was written after her husband died. (This will was dated 1993 and he died in 1998). The executor (a cousin and heir) said that was the only copy she had and asked if the attorney had a copy we could use. He said we needed the original which would have been given to my aunt. The executor also alluded to the fact that the codical with this will was the first but she did not produce any others. Do we have any recourse in obtaining copies of the ''latest will'' or codical(s) which were alluded to or should we just settle for what is being presented. Is the attorney obliged to produce a later copy if he has one? I have no desire to spend what little inheritance she left me on legal fees if there will be no change in the outcome ultimately.
1 Answer from Attorneys
Re: ''Last'' Will and Testament
The most recent Will, and any codicils, should be used to probate the estate. When you make a new Will you revoke all previous Wills.
It's a little more complicated, but you can use a copy of a Will if the original cannot be found. If you know what attorney drafted the Will, he or she probably has a copy of it and any codicils. The codicils need to be dated after the second Will to be valid.
Perhaps you and your cousins need to talk to a different probate attorney. The executor is not bound to use the attorney your aunt was using before her death.
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