Original and Second Will

[pac168]

What is the name of your state?What is the name of your state? Pennsylvania


My husband's aunt recently died. A year ago when she was very ill and on medication in the hospital, my sister-in-law went to the hospital with her nephew the lawyer, her husband and her husband's sister. They had my husband's aunt sign a will leaving 50% to her and 50% to my husband. My husband was going through her papers yesterday and found an original will that was made up by a lawyer in 1993 leaving everything to my husband. Statements that my sister-in-law made recently leads us to believe that she knew about the original will and that is why she had a second one made up. My husband went to City Hall today and probated the original will. Tomorrow my sister-in-law will be taking the second will and try to probate that will. She doesn't know that he went today. My question is what happens now. Do they tell her that a will has already been turned in for probate or do they probate her will and then call us and say two wills were turned in? My husband never wanted any problems with his sister, but there should never have been a second will because an original will already existed. My husband's sister and his aunt hadn't even spoken in years.

My sister-in-law purposely went to the hospital to have this highly medicated elderly woman sign a new will. She had her husband and sister-in-law sign as witnesses. Is that legal? Please let me know what you think will happpen next and how we should handle it.

Thank you very much for your time.

Patti Cohen
[email protected]

 

[anteater]

Trying again, eh?

https://forum.freeadvice.com/showthread.php?t=258171


All the stuff about "there should never have been a second will because an original will already existed" is not relevant. There is a later will and, assuming that there is nothing about the form of the will that would invalidate it, you will have to prove that Aunt was not competent to make the later will and was coerced into making it.

Assuming that sister is not going to say "Oh gee, sorry, I did not realize that there was an earlier will" and that it is worth her while to fight, get yourself a lawyer and prepare for that fight.

 

[Dandy Don]

Find out what medications the aunt was taking and whether in a doctor's opinion they could have influenced her judgement adversely. You need to be contesting the later will since it was obviously signed under duress and was not a change that she made of her own free will. The problem is, do you have a few thousand dollars that it will cost to pay attorney fees to contest the will? Maybe your attorney could ask/convince the sister to withdraw her will.

Make sure your attorney knows about both wills.

DANDY DON IN OKLAHOMA ([email protected])