More details to this question:
If I was looking at a closed case of my grandmothers in the records room at the courthouse and there are a few missing documents, how do I go about finding those missing documents? I'm asking because my grandma had a will that has gone missing. My grandma had a guardian at the time. Could he have removed them from the files without the court knowing?
3 ANSWERS
Edwin K. Niles
Original wills are kept separate from the probate file. However, if the will was offered for probate there should be a copy attached to the petition.
Answered on Apr 14th, 2015 at 6:19 PM
Removing anything from the court file is prohibited, but when you return a file the clerk does not look to see if that has occurred. The file itself might make reference to some of the terms of the Will. The Will would only be filed in her probate case, not as to a court ordered guardianship. If you can find the person who drafted the Will, they might have kept a copy. Once a Will is filed, there is little reason to steal it out of the file unless for someone who would inherit if there was no Will and is excluded [or the amount is greatly reduced] by the Will. Unless the guardian is a family relative who might inherit, to what advantage to the guardian is it to remove the Will?
Answered on Apr 14th, 2015 at 1:02 AM
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Missing wills are a common problem. You will need a lot of imagination as to location of a missing will. People have found missing wills in woodsheds, shops, safe deposit boxes, with lawyers, misfiled in other court files, in possession of other relatives, and elsewhere.
Answered on Apr 14th, 2015 at 12:57 AM