Legal Question in Wills and Trusts in Massachusetts

propbate

can a copy of a will be probated if the original can not be found


Asked on 2/21/08, 1:06 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: propbate

There are times when a copy of a will can be probated instead of the original. It requires documents filed with the court to explain why the original can not be located and giving all interested parties the opportunity to object and claim that the original was intentionally destroyed.

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Answered on 2/21/08, 1:18 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: propbate

In some cases, yes, in others, no.

The answer depends upon facts and circumstances surrounding the will, who was last in possession of it, and if there individuals with personal knowledge of the circumstances.

The law does have certain presumptions which may need to be overcome, but again, it will depend.

If the outcome is important, you should contact an attorney promptly, because rights not timely exercised may be lost.

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Answered on 2/23/08, 11:18 am


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