old will verses new will.

What is the name of your state (only U.S. law)? south carolina.
I WAS NAMED THE EXECUTOR OF MY LATE AUNT'S WILL.ONE PART OF THE WILL STATES THAT 4 ACRES OF LAND IS TO BE DISTRIBUTE BETWEEN FOUR NEPHEWS.

WELL ONE OF THE NEPHEWS NOT MENTION AS A BENEFICUARY OF THIS LAND,
WENT BACK TO OUR GRANDMOTHER WILL WRITTEN IN 1968, WHICH STATES THAT MY AUNT WAS THE BENEFICUARY OF THIS FOUR ACRES AND AFTER HER NATURAL DEATH, WOULD GO TO CERTAIN GRANDCHILDRENS,WELL HE WAS NAMED IN THE 1968 WILL AND MY AUNT CHANGED HER WILL FOR SOMEONE ELSE TO INHERIT THE LAND. THIS PARTICULAR GRANDCHILD BELEIVES HE DESERVES THIS LAND.MY AUNT PAID THE TAXES AND UPKEEP ON THIS LAND FOR FORTY YEARS.THIS GRAND CHILD WAS AN ADULT DURING THE PASSING OF MY GRANDMOTHER. MY QUESTION IS DO THE WILL OF MY AUNT TAKES PRECEDENCE OVER MY GRANDMOTHER WILL AND IS THERE A STATUE OF LIMITATIONS ON THE VALIDITY OF A WILL?

You should turn your CAPSLOCK off, so people can read your posting easier.

How is the deed to the land currently titled?

Grandmother's will gave the land to the aunt. The aunt's will now gives the land to her own beneficiaries, regardless of how the grandmother's will tried to control her actions. Grandmother's will cannot dictate how aunt will dispose of HER inherited property. It is the aunt's property to dispose of as she wishes, just as she could have sold it at any time after she took title to the land.

it sounds like auntie may have been given a life estate rather than actual title to the property. If so, then yes, g-ma could have named the g-kids as remaindermen. If so, the aunts will cannot direct the property be given to anybody.



So, what did g-ma's will say?

and, was the title ever actually put into aunties name?

Kiawah said:

You should turn your CAPSLOCK off, so people can read your posting easier.

How is the deed to the land currently titled?

Click to expand...

the deed of the land is titled to my aunt.

justalayman said:

it sounds like auntie may have been given a life estate rather than actual title to the property. If so, then yes, g-ma could have named the g-kids as remaindermen. If so, the aunts will cannot direct the property be given to anybody.



So, what did g-ma's will say?

and, was the title ever actually put into aunties name?

Click to expand...

yes.the deed is in my aunts name.

wilson2510 said:

yes.the deed is in my aunts name.

Click to expand...

Then, aunt's will controls its distribution.

If the jilted nephew wants to obtain an attorney and contest in court, that is his prerogative. Until he does, just carry on with your responsibilities.