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Probate Blunder

Dear Attorney,

My father asked me if he could submit a copy of a will to the probate court. He had an elderly friend who had recently passed away. The woman who died told my father several times that her will was located in a specific desk drawer. After she died and my father went to find it he could only find a copy. No one has been able to find the original. Can my father submit this copy of her will to the probate court and what does it mean?

Dear Will Confusion,

Rules vary state to state, but if all you can find is a copy of a will, submit that to the probate court. You will have to prove to the court that this is the authentic last will of the person who died and that there was no other original will floating around. You will probably have to call witnesses who can testify about the circumstances under which the will was made and provide evidence that the will was never revoked. Unfortunately, none of that is easy or cheap.
To avoid a situation like your fathers friend make sure you and a trusted family member or friend know where your original documents are and keep them in a safe and accessible spot.



David M Frees III, Esquire
David's AVVO rating is Superb!  Click here for more information.
610-933-8069
If you:
1)have been appointed as an executor or trustee, or

2)you want to creat a will, trust, power of attorney or a comprehensive estate plan, or

3)you're worried that you will is out of date or no longer says what you want, or

4)you think that you might need a trust or esate plan that really works and holds up....

Then call and ask one of David's assistants at 610-933-8069 to set up an appointment
and to see if you can work directly with David or one of his partners, or associates.
It may be one of the most important calls that you ever make.

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