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To: TexasGator
Not if he follows the instructions of the will accepted by the probate court.

You keep bringing up points which haven't been determined as fact. First you propose that the executor hid the existence of other unsigned draft versions of wills, and now you have the probate court already have made a ruling on what will has priority.

My advice to the executor, based solely on common sense, with no experience in the legal profession, would be to follow the written will, as presented to the probate court as a legal, signed, and witnessed will, and leave it up to the beneficiaries of the unsigned will to contest it in court if they choose. I'd think that's how the probate court would find itself in the position of MAKING a decision on whether a new unsigned will's terms would be followed instead. Let both sides present their arguments to the court on whether the deceased's mental capacities had diminished since he signed the original will to the point where he was no longer "of sound mind", or whether he was coerced into making a new will.

Once the will is contested, the executor can sit back and wait for the court to make a decision, or for the two parties of beneficiaries to negotiate an agreement that the court can rubberstamp.

120 posted on 10/08/2020 5:37:00 PM PDT by Wissa ("Republics decline into democracies and democracies degenerate into despotisms." -- Aristotle)
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To: Wissa

“You keep bringing up points which haven’t been determined as fact. First you propose that the executor hid the existence of other unsigned draft versions of wills, and now you have the probate court already have made a ruling on what will has priority.”

I never proposed that he hid the unsigned will.

The second sentence I don’t know what you are saying.

“My advice to the executor, based solely on common sense, with no experience in the legal profession, “

My advice to the executer is to ignore the advice of non-lawyers that only have a limited, third-hand knowledge of the situation. But I suspect he already knows that.


128 posted on 10/08/2020 5:52:31 PM PDT by TexasGator (Z1z)
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