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What happens when a person leaves multiple wills?

On Behalf of | Apr 27, 2018 | Probate Litigation

It is not uncommon for a Henderson, Nevada, resident, over the course of his or her life, to write more than one will. After all, a person’s life circumstances may change over time, and with those changes, a person may decide that he or she wants to leave his or her wealth to someone else.

Multiple wills become problematic only when there is some confusion about which of the wills a person intended to be the final statement of that person’s estate plan. Unfortunately, this sort of scenario comes up more than one might think.

It is important to remember that a will has no legal effect until a Nevada judge proves it or admits in to probate court. In order to “prove” a will, someone entitled to do so under the law has to present the will to the court, and the court then has to decide whether the will is legally valid and whether it is indeed the last will and testament of the deceased person. Once a judge does so, he or she will issue orders giving a personal representative the authority to start distributing the deceased person’s property.

A person can only have one last will and testament, obviously, so in the event of multiple wills, it will be up to the judge to decide which will really reflects the deceased person’s final wishes. When this is not clear, probate litigation may be necessary. Legal action may also be necessary should one of the wills in question appear to be invalid or procured via fraud, undue influence or the like.

A situation involving multiple wills can raise a lot of legal problems for a Nevada family who may just be trying to resolve a loved one’s estate quickly. These sorts of problems may be best solved with the help of an experienced Nevada probate litigation attorney.

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