will used after verbal agreement denounces will being used

[akhanmac]

What is the name of your state (only U.S. law)? virginia
Hi I am in Virginia My siblings had a verbal agreement / contract that my mother's WILL was the final will and should be followed after the death of my parents.

this document was not signed nor notarized. Following the death of both of my parents my sister pulls out an older WILL that was notarized created by my father and is now using that will as she is the executor on that will. is she violating the verbal agreement that she entered into and does that negate her as an executor since she agreed that there was no valid will aside from my mothers?

 

[justalayman]

What is the name of your state (only U.S. law)? virginia
Hi I am in Virginia My siblings had a verbal agreement / contract that my mother's WILL was the final will and should be followed after the death of my parents.

this document was not signed nor notarized. Following the death of both of my parents my sister pulls out an older WILL that was notarized created by my father and is now using that will as she is the executor on that will. is she violating the verbal agreement that she entered into and does that negate her as an executor since she agreed that there was no valid will aside from my mothers?

first, your siblings cannot agree or contract that A will is a final will and would be used. The law determines what will is in force

If the will your sister is using and there is a new will, then then newer will needs to be admitted to probate so the court can determine which will is enforceable. The verbal agreement you speak of is meaningless as it would ignore the laws that actually do matter.

 

[Zigner]

It seems to me that there are two valid wills - one for each estate.

 

[justalayman]

It seems to me that there are two valid wills - one for each estate.

Op suggests the will sister is using somehow is affected by this other "will". While i see your point, if it was that simple op wouldn't be here asking questions, I wouldn't think so anyway. That is why you present whatever will you believe has authority of any given estate to probate and allow that process to determine what document controls.


It could be as simple as they need to probate each estate separately but again, if it was that easy I wouldn't think op would be here.