Columbus, GA asked in Probate for Alabama

Q: When my mom an dad died he had 3 wills all hand written none by a attorney none noterized one in 2017 one in 2019 an one

in 2020 which one of the wills is supposed to be filled there are three siblings an there is a disagreement on which will should be filled

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: I am sorry about your family's loss. I am happy to hear that your father at least attempted to write a Will. Most people do not make that effort and it can lead to problems after death.

In order to be a valid Will in Alabama the document must be signed, dated and witnessed by two individuals. It is ok that it is handwritten, so long as it also contains the signatures of the witnesses. The good news is that the probate process is meant to help determine what document constitutes the decedent's Last Will and Testament. You may actually be able to file all three documents and ask a probate judge to decide which (if any) will be the Will for purposes of the estate administration. If your father did not have a valid Will, he will be treated as dying "intestate" and his assets will pass according to those rules.

Good luck.

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