It’s not uncommon for someone who hasn’t had professional estate planning to leave behind multiple wills. Some may be dated and others not. Some may have notes scribbled in the margins or lines crossed out. It can be impossible for loved ones to figure out which, if any, of these documents represents a recently deceased loved one’s final wishes.
This can cause serious disputes – especially if the various documents leave very different inheritances to individual family members. What is the best way to handle this situation?
It’s up to the probate court
First, a probate judge should review all the documents. Family members and other beneficiaries can make their case for why they believe one will represents their loved one’s final wishes. However, it is ultimately up to the court to determine which will and other estate plan documents are recognized as the ones to be used.
The one with the most recent date isn’t necessarily the one that will be recognized. It has to be valid. For a will to be considered valid under Texas law, it must be signed by two witnesses over the age of 14 unless it’s a handwritten (holographic) will. Holographic wills must include a “self-proving” affidavit.
Handwritten changes on a document don’t have to be recognized by the court. There are specific requirements for modifying estate plan documents, and modifications are best made by a legal professional.
Further, the person who created the document(s) must have had the testamentary capacity to do so. They also must have done so without undue influence from someone else. When an heir or other beneficiary believes that one or both of these was the case, it’s up to them to persuade the court.
If you have questions or concerns about the estate planning documents left behind by a loved one, a good first step is to get sound legal guidance. This can help you protect your inheritance rights and the wishes of your loved one.