Legal Question in Wills and Trusts in Virginia

How to Identify a Mutual Will?

I will be reviewing my grandfather�s

will shortly which I believe may be a

mutual will resulting in a irrevocable

contract. I am looking for

suggestions on indicators my

grandparents drafted a Mutual Wills.

My grandfather was divorced with a

single daughter. He remarried a

widow with a son about my mothers

age. While my grandfather was alive,

he kept my mother abreast of much

of his financial affairs. My

grandfather passed first and recently

my grandmother passed. My

grandmother prepared a new will in

the last two years which left nothing

to my mother. My mother is

frustrated because she seams to

know, from her fathers will, what

should occur after her stepmother�s

death. My grandfather�s will may

have been drafter and signed in the

40�s. At the same time, it appears

my grandmother drafted and signed

an identical one which called for

splitting the assets 50/50 between

the two children once both parents

have passed. I would like a little help

in what to look for in trying to

determine if my mother is holding a

Mutual Will that resulted in an

irrevocable contract that ensures my

mother receives 50% of my

grandmother�s assets.

1 Answer from Attorneys

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