Legal Question in Wills and Trusts in Massachusetts
My brother passed away recently. The attorney who prepared my brother's will in 1990, kept the original signed copy. The attorney's office was flooded several years ago and the original documents were lost, leaving us with an unsigned copy only. There was no computer back-up. What are our options?
Asked on 1/11/11, 5:10 am
1 Answer from Attorneys
John Harmon
The Law Office of John W. Harmon
An unsigned copy is just that, an unsigned copy. It has no legal strength. An probate estate should be opened as if there was no will. If all the heirs agree, which is highly unlikely, the estate could still be distributed according to the copy. But that is only if everyone agrees, and that almost always very unlikely.
Answered on 1/16/11, 7:29 am
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