Posted on 10/08/2020 2:11:51 PM PDT by woofer2425
“But it is my understanding that both the existing will and the new draft will would have to be submitted to probate where a probate judge would determine if the new unsigned will would be valid.”
Similar to my earlier post. Based on an evaluation of facts yet unknown I would request the lawyer to submit the preferred on along with documentation of the total circumstances.
If the unsigned was just a scrap of paper with a few notes and no date I might just toss it.
Not signed is not signed... a year, a day, a minute isn't the issue. The issue is not signed.
Since he was dying of cancer a case could be made the cancer had gone to his brain causing recent changes to be questioned.
Was there a conflict of interest with the lawyer - possible dragging his feet so the new will would not be signed 'in time'?
As someone wrote up the thread, lawyers would be more than happy to fight this out until all the money's gone... I never even stayed at a Motel 6 so any comment I've made should be taken with a grain of salt.
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