Q: Father/mother show two brothers a different Will in 2004 then sister filed with probate court in 2005, after father pass
Person A is Executor for Person B and and the beneficiary of another. Person A had a Fiduciary Duty to announce B's Last Will and Family Trust to his beneficiaries upon his death in September 2004. But A told three brothers at the hospital she would notify them afterwards of the Will and would take care of everything. A never did and we learned on Oct. 24, 2017 that she was being manipulative. Since then A took the family estate and is proceeding to take the Family Trust funds that should be divided between A and B after C passes. However, C has been removed from the new Will. The 2004 Will cannot be found.
A: If your parents changed their Wills after they showed them to you and your brother, their Last Wills and Testaments will generally prevail ... unless there are valid grounds to attack, or caveat, the Will. We will need to explain why it took you ten years to notice after your sister’s attempts to manipulate you. You need a consult with a lawyer.
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