If my father created a second Will omitting my brother from it, is the first Will valid?
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If my father created a second Will omitting my brother from it, is the first Will valid?
Asked on October 5, 2014 under Estate Planning, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the second Will was properly drafted and executed, then yes it is valid; the first Will has no legal force or effect. However, there typically is certain wording that is required to disinherit a child. If that language is missing, then they may be entitled to a share of the estate. It all depends on specific state law. A probate attorney in your area could best advise further.
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