QUESTION
If an attorney who prepared the Will submit an affidavit attesting that the original Will was signed is it admissible in court?
Asked on Oct 15th, 2012 on Estate Planning - Maryland
More details to this question:
My aunt has an unsigned will. The witnesses also didn't sign the will. All we have is a copy of the will with no signatures. If the attorney who prepared the will submits an affidavit to the Court attesting to the fact that the original will was signed by my deceased aunt is it admissible in court in Maryland and will it suffice to carry the day in establishing a valid will.
1 ANSWER
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It is unlikely that you could get a copy of an unsigned, unwitnessed will admitted to probate. In lieu of this, you could open an intestate estate. After the estate is opened, the heirs could execute an agreement to distribute the assets in the manner provided in the unsigned will.
Answered on Oct 17th, 2012 at 3:16 PM