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Will contests underway due to multiple wills for a single estate

| Sep 6, 2018 | Probate |

A death in the family often opens the door to many complications. While it is certainly an emotional time for everyone involved, it can also be a time for contention and conflict. In particular, will contests may arise if surviving loved ones believe that issues exist with one or more than one will.

New York readers may be interested in this type of litigation currently underway in another state. Reports indicated that the estate at the center of the conflict is that of the founder of a commercial truck dealership chain. In fact, that chain is considered the largest in North America. As a result, a considerable amount of money is involved in the dispute that is happening between the deceased man’s son and the man’s widow, who was his third wife.

The son believes that he is entitled to company shares worth approximately $74 million due to the contents of a will his father created in 2006. However, the widow has two wills that were created in 2013, though she is only seeking to have the last will validated by the court. That document apparently does not specifically address the company shares, and as a result, she believes that they should remain part of the residuary estate and go to her. The son claims that his father suffered from dementia at the time the 2013 wills were created and that they should not be considered valid.

Will contests are not unusual, and when more than one document exists, additional confusion and contention can come about. Of course, it is important to determine what the true intentions of a deceased individual were, and New York families facing this type of predicament may want to explore their legal options. Probate litigation can be difficult, but it is often worth the effort to reach the best outcomes.