Kyle, TX asked in Probate and Estate Planning for Texas

Q: My grandmother said she put me in her will. After her passing, my Mother and Uncle said there is no will. What can I do?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: There is not a whole lot you can do if you cannot locate the original will. Even if you locate a copy of the will, you will have an uphill battle getting it into probate because the law presumes that when an original will can't be found, the testator is presumed to have destroyed it with the purpose of revoking it.

If what you are saying is true, it sounds like your grandmother committed a classic estate planning mistake. The mistake is not entrusting the original will to someone you can trust to make sure the will gets probated. If you leave the will in the hands of, or where it can be found by, someone who has an incentive to "disappear" it, it does tend to get "disappeared".

Leslie Dillon Thomas agrees with this answer

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