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John Legal
John Legal, Attorney
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my aunt recently passed away in Savannah Ga.. I have a will

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my aunt recently passed away in Savannah Ga.. I have a will that is dated from Sept 2007 there in is a second will that a 2nd cousin has that is date from sometime between 2010 -2011 . the second was created while she was in failing health . how should i proceed ?
Hi, thank you for asking your question today. The other Experts and I are working on your answer. By the way, it would help us to know:

Do you believe that the 2010-2011 will is a valid will? (Meaning, do you believe she was competent and capable of understanding and executing a new will at that time.)

Also, who is the named executor under the 9/2007 Will?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 3 years ago.

i am the executor on the 2007 will , and no i don't believe she was fully competent

Okay, if you do not believe that the 2010/2011 will is valid then your only obligation is to offer and probate the valid will. You do this by taking your Will to the Chatham County Probate court clerk, offering the will for probate and requesting that the clerk appoint you the executor of the estate. You have no obligation to notify the court of the newer will since you do not believe it to be a valid will.

If the cousin produces the newer will then the probate court will have to set a hearing to determine which will is valid. However, it is possible that the new will is never presented, particularly if the cousin knows that it was executed under suspicious circumstances. There is no reason to make their job easier by starting the fight from the beginning.

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