My g-pa left a will and died two weeks before my mom and had left her as the life tenant untill her death but two days before she had died she wrote out a will that included the same properties which will would we go by?
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Anonymous
ANSWERS: 4
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The most current written will, will prevail. Her hand written will must have been signed, dated and witnessed by a person still living.
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If I understand correctly, your grandfather owned real property (e.g., house, land). He made a will to distribute his property upon his death. In his will, he gave his daughter a "life estate" in his real property with the "remainder interest" going to some other beneficiary. A "life estate" terminates upon the death of the life estate holder. Accordingly, your mom did not have any interest in the property that she could pass on to someone else upon her death. Therefore, your grandfather's will is the controlling document.
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Yes, my moms will was signed and dated by 3 people still living. My g-pa had property that was divided up but, the majority of it was from a life insurance policy. My g-pa knew that my mom was close to death from cancer, so he left to her as life tenant to be held in trust untill her death, he died from an accidental death on his farm two weeks before my mom, two days before her death she wrote out a will for the life insurance policy from my g-pa. We knew nothing about my moms will, which was wrote out in 1990, untill two months ago, we have been going by my g-pas. I called the trustee on my moms will and she said she doesnt know where all of the money is or any of the paper work on it is. So, I just didnt know if it was worth getting an attorney to look at or whose will would be the will we would go by.
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If your mom was a life tenant, then there shoud be a remainderman in your grandfather's Will. Your mom's entitlement to the property ceased upon her death. Your grandfather's Will would be controlling.
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