Legal Question in Wills and Trusts in Maryland

Missing pages from will

We can only find 9 of 13 pages of my fathers will. My sister was assigned to be executor. My sister also had Dad add her name to deed of house 1 week before he died. What options do I have here?


Asked on 5/05/07, 5:27 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Missing pages from will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First, I am presuming that your father has passed away. If he has not, then his will is private and of no concern to you unless he chooses to share it with you.

If he is deceased, your sister should ask the attorney who drafted the Will if he/she has a copy. Most attorneys will keep a file copy even if the original is given to the client. If pages are missing from the original, a motion can be made to allow the copy to substitute for the original although some courts will hold that the original was destroyed therefore invalidating the will.

I strongly suggest that you consult with a qualified attorney to determine your legal rights and to help plot a course of action.

Scott R. Jay, Esq.

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Answered on 5/05/07, 9:54 am


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