Legal Question in Wills and Trusts in California

Original will missing only copy available
My cousin passed away with Alzheimer's and had a court appointed conservator. His wife predecased him. The conservator told me he had added his wife's cousin to his will because he originally had left everything to his wife figuring he'd die 1st and he had no relatives. That's how his wife had written hers to him and if he died 1st to her cousin in Germany. Then I am told the original wills can't be located but in the safe deposit box were copies. Then I pop into the picture being his 1st cousin. Can I question this. I have asked for a copy of the will but not received it yet. The probate attorney said the signatuers have been verified by others as the attorney and witness are both deceased also. The probate attorney said the conservator didn't know what she was talking about. But why would she even say it then? Help and guidence needed.

Asked on 11/20/08, 5:00 pm

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: Original will missing only copy available

If the original is missing, it's presumed revoked. The presumption can be rebutted, but it's difficult. Call me for more information about your case.

Answered on 11/21/08, 11:05 pm

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