Q: Original will lost all we have is an unsigned copy of it what can we do about filling probate?
The original Will was lost or stolen when the vehicle got broken in to. We need to file for probate but all we have is an unsigned copy of the will and the signed copy of his Medical Power of Attorney/Living Will. What are our options for doing this because everything was supposed to be left to the spouse but we are concerned that now without that signed Will everything will be split between the spouse and his 2 biological children.
A: You're going to have a will contest if you lodge the unsigned will with the court. Not only does it have to be signed by the testator, but it also has to be signed by two witnesses. You can file as a lost will and try to prove up the will and explain that the original was stolen, but that is an uphill battle since the law presumes that whenever you don't have the original, that the testator destroyed it with the intent to revoke it. You need an attorney to bring the best case you've got. Call or email an attorney for a full consultation.
A: I agree that this is going to be a court battle. Who the person was who had last possession of the will will be a factor, and having the two or more witnesses who signed the original will help. Because you can expect a trial, you really need an experienced attorney.
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