It’s always best to partner with an experienced legal professional when putting a will and other estate plan documents in place. However, some people choose to create a “do-it-yourself” will using an online program. That means the family of a recently deceased loved one may find multiple wills after they die.
These wills may be in various stages of completion. They may be completed but marked up with handwritten notes or cross-outs. If there are contradictory terms and inheritances listed, it can be confusing and frustrating.
How do you know which one (if any) reflects your loved one’s final wishes and is valid under the law? If this is the situation in which you find yourself, what should you do?
First, it’s important to make sure you locate and preserve all the wills. If your loved one has a safe deposit box or home safe, there may be one there, even if you found one or more in a desk or on their computer. Determine whether they worked with an estate planning professional at some point. They should have the most current version unless your loved one made changes without notifying them – although those might not be considered legally valid.
The probate court needs to determine which version to use
All wills and other estate plan documents need to be submitted to the local probate court. A judge will review them and determine which (if any) the deceased intended to be their “last will and testament” and if it is valid under Georgia law. Typically, the will with the most recent date is considered the final will if it is valid, but not always.
Once the court determines which will to use to administer the estate, any heirs or other beneficiaries may be able to challenge it. As we’ve discussed here previously, there are specific grounds that can be used for contesting a will.
Finding multiple, contradictory wills can be the beginning of a difficult and possibly contentious probate. Getting experienced legal guidance can help you protect your rights and your loved one’s wishes.
