Legal Question in Wills and Trusts in Texas
Lost Will
Deceased had recently update a new will naming a defferant person as excutor, the will is lost or missed placed, the law office that prepared it is unknown, do i have to call every law office in town in an attempt to locate a copy or is there a easier way to do this?
Thanks,
Paul
Asked on 4/15/03, 9:21 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Lost Will
A copy won't do, you need the original. If it can't be found, there's a presumption that the maker destroyed the will. It's a rebuttable presumption, but you'll need to prove almost beyond a reasonable doubt that the will should be valid and a copy used. If you can't prove it, then the estate will be considered as having no will, since the making of the missing will eliminated the previous will.
Answered on 4/16/03, 9:46 am
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