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What should I do if my dad is selling my grandmother's property illegally?

What should I do if my dad is selling my grandmother's property illegally?

Q: How long does a new will override an old will after?

A new will overrides an old will immediately upon its execution, assuming it is valid and properly executed. There is no waiting period; the new will takes effect as soon as it is signed and witnessed according to state law. However, the old will must be revoked explicitly or destroyed to avoid confusion.

Q: Does a new will override an old will?

Yes, a new will generally overrides an old will if it is executed according to state law and clearly indicates the intent to replace the previous will. It is important that the new will is valid and that the old will is revoked or not presented for probate.

Q: Who can change a will after death?

Once a person has passed away, no one can change their will. However, if the will is contested, the court may consider evidence regarding the testator's intentions or any potential changes that were not formally documented. Changes to a will must be made while the testator is alive and of sound mind.

Full question:

My Grandmother passed away leaving a Will with my Dad and a Codicil with myself. After her passing my Dad also being the executor of the Will. Instead of turning in the Will he has started selling all of my grandmothers property and realastate. I found out later that the home that was left me in the codicil had been transferred by him using power of attorney to himself two days before my grandmothers passing. What should I do?

Category: Power of Attorney
Date: 04/07/2025
State: Arizona

Answer:

If your father is selling your grandmother's property without following the legal process, you may need to take action. You can file a demand with the court to compel the filing of the will and request an accounting of the estate. You can also seek injunctive relief to stop the sale of the property. An injunction is a court order that prevents someone from taking certain actions. To obtain one, you must show that:

You have a strong likelihood of winning your case.
You will suffer irreparable harm without the injunction.
The injunction will not cause significant harm to others.
The public interest supports issuing the injunction.

As the executor, your father has fiduciary duties, including a duty of loyalty and a duty of care. The duty of loyalty means he must act in the best interest of the estate and not for his own benefit. If he breaches these duties, you can pursue a claim for breach of fiduciary duty. This involves proving:

You trusted him and he accepted that responsibility.
He violated his duties to you.
You suffered damages as a result.

Defenses he might raise include the statute of limitations, lack of a fiduciary relationship, or approval of his actions by you. Arizona law allows you to file a demand for notice regarding any orders or filings related to the estate (A.R.S. § 14-3204). Additionally, you can petition the court to restrain the personal representative from taking actions that may harm your interests (A.R.S. § 14-3607).

For further assistance, consider consulting a legal professional who specializes in estate law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can one will supersede another?

Yes, a later will can supersede an earlier will if it is properly executed and clearly states the intent to revoke the previous will. The new will must follow the legal formalities required by state law, such as being signed and witnessed. If there is a conflict between two wills, the most recent one typically takes precedence, provided it meets all legal requirements.

How long does a new will override an old will after?

Does a new will override an old will?

What makes a will null and void?

A will can be considered null and void for several reasons, including lack of proper execution (e.g., not signed or witnessed according to state law), if the testator was not of sound mind, if it was created under undue influence, or if it was revoked by a later will or physical destruction. Additionally, if the testator did not have the legal capacity to create a will at the time, it may also be void.

Does an estate override a will?

An estate does not override a will; rather, a will dictates how an estate's assets are to be distributed after death. However, if a will is found to be invalid or if the decedent died intestate (without a valid will), state laws will govern the distribution of the estate's assets. In such cases, the estate will be distributed according to state intestacy laws.