Estate executor of the will, puts in old will because he doesn't like the new one that was written.

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The executor of the will doesn't like the newly written will so he uses the old will, he claims he doesn't know of it but he's actually assigned witness on the new will but he loses business on the new will and the old will she owns more then anyone but his brother so basically he is profit it profiting from the Oldwell and wouldn't as much from the new well how much trouble can he get in To legally and how much time do we had to submit the new will


You need to act before the Will has been probated. The executor/representative can not just pick and choose which Will he will use or which parts of the Will he chooses to honour. Take the new Will to your lawyer and get it on record, then give him and his lawyer notice. Act quickly.
When a will is properly updated, amended and/or changed, there is typically a clause that states that the previous Will, dated (insert date) is revoked and of no further effect.

I don't really understand if the executor is an attorney, or exactly what's happening, but an executor cannot pick and choose which will to use, because the most current will typically revokes any prior ones.

If the attorney in question drafted a new will and is picking and choosing, I would very hastily contact the state bar association's grievance committee, then follow up with a complain in writing about this attorney. This is totally unscrupulous behavior.

I don't know if all states do this but most require that a will or a codicil is proven to be valid. And the atty (or agent) & executor sign off that this is the case. I'm currently in probate & I had to do an oath before probate judge as to validity. Once probate is opened a notice is placed (just what depends on your state laws) that probate has started.

If you know that the will entered is not the valid one, then go down to the courthouse to probate court to file a challenge to validity of the will entered & filed. This happens all the time & seems to shift the estate to whomever is the probate court staff atty who deals with litigation. They will likely then schedule an in chambers hearing to see what the situation is. IMHO you do need an atty to deal with this and it has to be a probate atty who does litigation. Most probate guys do NOT do litigation btw.

If you have an atty or are pretty courthouse savvy, you might be able to do alot of this on-line which lowers costs. Good luck & get on doing whatever as probate usually has set timeframe for challenges or claims or liens to be filed.
Report the error to probate court immediately. Bear in mind that the witnesses on any will cannot also be the beneficiaries or the executor. Let the court sort it out.

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