QUESTION
How can I use the copy of the Will I have affidavits from her original attorney stating she did not revoke it with him?
Asked on Jul 02nd, 2013 on Estate Planning - Delaware
More details to this question:
My aunt died and had given me a copy of her will asking me to be her executor. I kept it in my safe and when she died. I got it out and it is a copy. She had Alzheimer’s for the last 3 years and I was her power of attorney so that document was also a copy but no one needed the original. How can I use the copy I have affidavits from her original attorney stating she did not revoke it with him along with affidavits from close friends stating she would not have revoked her will. What can I do?
15 ANSWERS
You can still file a copy of the Will but you need to give a reason why you are not filing the original. See the Nolo Press book on estates to see what y are going to need to do. If she owned no real estate then you probably do not need to file probate.
Answered on Jul 07th, 2013 at 9:17 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You can try to have the will admitted to probate in the probate division of the circuit court of the county where your mother lived. You should have counsel to do this. Whether the judge there will admit this copy to probate is, at best, questionable.
Answered on Jul 05th, 2013 at 4:52 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself probate counsel to assist you; counsel can be paid out of the assets of the estate upon completion of the probate. You will save yourself a lot effort in trying to represent the estate in the hope of a saving a few dollars paid to the attorney in the probate of the estate.
Answered on Jul 05th, 2013 at 4:21 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Give it a try. Petition the court to accept the copy; if someone objects, you will be working uphill against a presumption that the original can't be found because she revoked it.
Answered on Jul 03rd, 2013 at 12:58 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You would need to file an Application to Probate Lost Will with the Probate Court and can file the affidavits supporting that it is a true copy of the original and it is still in effect. A hearing will be set and the Application will be heard by the court.
Answered on Jul 03rd, 2013 at 12:53 PM
Depending on the state she lived in at her death, you may be able to petition the Court to admit the copy of the Will to probate. Contact an attorney specializing in estate matters before proceeding.
Answered on Jul 03rd, 2013 at 11:32 AM
Thomas Edward Gates
You need to write an affidavit staying your effort to locate the original. Upon not finding it, submit all of the affidavits and the copy of the will to the court for your appointment as Executor.
Answered on Jul 03rd, 2013 at 10:38 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to open a case in probate court. You will have a chance to prove what your aunt's intentions were.
Answered on Jul 03rd, 2013 at 2:53 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You would need to petition the probate court to become personal representative. This would be a formal unsupervised estate and you would need to have a hearing before the judge. It is very likely that the judge would agree to admit the Will, under these circumstances.
Answered on Jul 02nd, 2013 at 11:31 PM
2 Awards
You need the help of an attorney to file a probate based on a lost original. It is complicated and the sooner you see an attorney the better.
Answered on Jul 02nd, 2013 at 11:25 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Probate courts usually prefer to have the original will, but you can submit a copy of the will if you also have affidavits that the original is lost but your aunt did not revoke the will. However, the first step is to determine whether your aunt's estate needs to go through probate at all.
Answered on Jul 02nd, 2013 at 9:04 PM
You need to trace what happened to the old Will. Who had it last? When? If it is lost and not destroyed or revoked, you can prove the copy using testimony from the witnesses from the Will.
Answered on Jul 02nd, 2013 at 8:53 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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A copy of a will can be probated under certain circumstances. You will have to prove that, more likely than not, the will was never revoked. I have handled situations like this before and, with the proper evidence, have had the copy probated. What you have done so for is a good start.
Answered on Jul 02nd, 2013 at 8:37 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Bring all of that to your lawyer. File the petition for probate and a declaration re lost will. Be sure to check throughout her house for the original.
Answered on Jul 02nd, 2013 at 8:05 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You need to file a petition with court to allow you to probate a copy.
Answered on Jul 02nd, 2013 at 7:37 PM