Daughters File Tennessee Will Contest Alleging Mother Revoked Will Disinheriting Them

In some situations, the existence of multiple wills can lead to confusion or even litigation after the death of the testator.  In a March 21, 2018 opinion, the Court of Appeals reviewed a will contest action arising out of a Tennessee estate dispute involving two wills.  The plaintiff in the case was the decedent’s daughter.  She filed an action challenging one of the wills that disinherited her and her sisters. In 1991, the decedent executed a Last Will and Testament, providing the majority of her estate to her husband and, should he predecease her, the remainder to her children.  In 2009, the decedent executed a second will, in which she explicitly revoked all former wills.  In the 2009 will, the decedent left the bulk of her estate to her husband and the remainder to a charity, and she disinherited all of her children.  The decedent’s husband passed away before her death in 2013. The plaintiff filed a petition to probate the…

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