Revising a Will vs. altering a Will

On Mar 17, 7:28 am, "NMtnS...@gmail.com" <NMtnS...@gmail.com> wrote:
> At what point would the probate judge raise an eyebrow that
> someones will has been altered?

When he's presented with sufficient evidence showing that situation to be more likely than not, by someone filing the appropriate papers to bring it to his attention.   If in doubt, get a local estates-and-trusts lawyer to look into whether you might have a pursuable argument, and, if s/he feels you might have a case, to represent you in formally contesting the Will.  Many lawyers will give you a free first consultation to see if they want to take the case, but in any event ask first.   At most it should cost you a couple hundred bucks to find out whether there is a claim worth pursuing.   If there is a large amount of money at stake, that small investment in getting a definite answer is probably something you need regardless of whether you like the answer, just to put your mind at rest if nothing else. 

> After the death of a male family member I now have 5 different copies
> of his last will.  Only a codicil remained the same throughout all 5
> but not original to his first will.

I don't understand you here.   What do you mean by "copies"?   To me, that means multiple facsimiles of the same original thing, with or without additions or alterations, not 5 different Wills executed at different times.

The only Will that matters is the "last" one, i.e. the most recently executed one.   If that Will is genuine, it doesn't matter whether the other ones are fakes, altered, or whatever.

And the codicil, if it was drafted before the last Will was, probably was voided by that Will too, especially if the Will specifically says so ("E.g.  This is my last will and testament; I hereby revoke all previous Wills and Codicils").

> What a mess,  there is one   will drafted when the gentleman was of a
> younger and more sound mind but is the earliest of all.  Thus voided
> by the more recent Last Wills.

Yes, that's the way it's supposed to work.   The most recent one rules.

> One will has him living in a state he didn't live in.    Signatures
> look funky...... deletions from one copy to the next... is this
> common?

Again, either I misunderstand you, or you are asking a question that is so obvious it implies its own answer.   The only reason anyone would execute a new Will and void the old one is to make changes in it.   So, yes, "deletions from one copy to the next" is _exactly_ what you would find anytime someone executes a new Will and voids the old one.

>  On the latest will  everyone but the PR is now out.  But
> according to last will all beneficaries are responsible for estate
> taxes even if no properties pass to them.  Are you kidding me?
> The PR gets the property we get the tax bill?

Whaddaya mean "we", Kemosabe?   If you're not getting anything under that Will, then by definition, you're not a "beneficiary" under that Will.   "Beneficiary" is different from "Heir".    Even though you may be one of the legal (intestate) "Heirs" solely by virtue of your relationship to the deceased, you are only a "beneficiary" if you are named as such in the final, applicable Will and receive a bequest.

> What are the chances of having an objection to the appointment of the
> PR and getting a court appointed PR?  The PR is who sent out all 5
> wills but to different people.  What's up with this?

Without knowing more than your (mildly confused) post provides, I have no idea.   Make an appointment, bring all your relevant papers to the lawyer of your choosing, pay for (or take advantage of his free offer) of an hour or so of his time, and find out.

> The hearing for the PR appointment is coming up is this the time to
> object to their appointment and management is this the time to do so?

As the King of Siam once allegedly said, "There is no time like now."   Call and make that appointment ASAP and find out whether you are getting all upset over nothing (one good result), or whether you are being royally screwed (in which case the lawyer can help you get un-screwed) (another good result).   Good luck,

--
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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