Is The Attorney who draws up a Will and testement bound by Law in Tennessee to keep a copy of the Will on file?
State/Country relating to question: Tennessee
talking with the knox county court house and given a seveir run around and a lot of Idon't knows. and Can I sue the Lawyer who claims not to have kept a copy of the will filed or filed at the courthouse. The will of my sister is missing and has caused a LOT of problems
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.I hate to bear bad news, but there is no obligation that the attorney keep a copy of the will. And, wills are not filed until a person dies. It is up to the testator (your sister) to make sure it is safe and the family knows where to find it. Even if a copy of a will is found, a hearing would have to be held to explain why the original was lost, as well as testimony from the witnesses to its signing. This is because when wills are lost, the law presumes that the testator destroyed it, intending to void the will.Keep in mind that we are an information service. If you are only looking for a positive answer to your situation, we may not be able to provide it and still be honest and accurate. To do so would only make your issue worse. If you feel the need to rate "Poor Service" or "Bad Service", please do not do so because we were unable to provide you the answer you were hoping to hear.If you would like more information, please stop and reply to me via the REPLY TO EXPERT so we can continue the conversation. Otherwise, please go ahead and leave a favorable rating so that I can get credit for assisting you today.Thank you! Nate
Over 8 years of legal estate experience.
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