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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111468
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My father had written 2 different wills at the time of s

Customer Question

My father had written 2 different wills at the time of his death. One in 2006 and one in 2007. (that I am aware of). The later will was the one that was probated. I have asked the attorney for a copy of both wills, and was told that I would have to subpoena to receive a copy of the 2006 or earlier will. I believe the will was changed from 2006 t0 2007 not to my favor. My father's mental status was changing at this time, and I believe his wife to have taken advantage of this. Does the attorney who holds the wills have to give me a copy of both wills upon my request. Her actual answer was "if there are indeed 2 wills in my office, you will need to subpoena for them. I did receive a copy of the 2007 probated will."
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, the attorney does not have to give you a copy of both wills. Upon writing a new will, the will with the earlier date becomes invalid. If you have a will challenge based on mental capacity to enter into the new will, you must file a motion to contest the will that was submitted to probate and as part of that, like the attorney told you, you would have to issue a subpoena to the attorney for the previous will and once you receive that and prove your father was not mentally competent at the time he changed the will, the court would admit the first will to probate and invalidate the second.

The attorney was correct in what he told you on this matter and you would need to get your own attorney to file your will contest in court to challenge the current will in probate.

Customer: replied 1 year ago.
How do I subpoena his will without getting into costly legal fees. I need the information from the earlier will before making a decision to contest the will
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, you cannot do so. You must file the motion to contest the will in the probate court first before you can obtain any subpoena.