Legal Question in Wills and Trusts in Arizona

Lost and Missing Will ARS14-3415

Arizona Probate. Copy of will is valid, now I Need to prove that it was unrevoked that the testor did not intend to destroy it by preponderance of the evidence. What evidence is convincing?


Asked on 6/08/08, 12:36 am

3 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Lost and Missing Will ARS14-3415

You will have to petition the court to admit the copy in a formal probate proceeding, which means an evidentiary hearing. I suggest you get an estate attorney to review all facts and represent you in that hearing. There can be a variety of circumstances and evidences depending upon the facts of your particular case. We do probate cases in all Arizona counties and offer free initial consultations; or speak to another attorney.

Best regards,

James D. Jenkins

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Answered on 6/09/08, 12:17 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Lost and Missing Will ARS14-3415

you must present any written evidence and/or testimony of witnesses that will show the testator did not revoke the Will and that the copy is a true and correct copy of the Will actually executed. No one can tell you what that evidence is, it depends upon the circumstances of this case and what evidence is available to present to the Court.

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Answered on 6/08/08, 3:32 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Lost and Missing Will ARS14-3415

Evidence will depend on the circumstances and cannot be determined without a lot of thought and a lot more facts, may of which you may not know at this time.

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Answered on 6/12/08, 1:17 pm


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