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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15911
Experience:  Licensed Texas General Practice Attorney
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Some 28 years ago I retired from the USA & the ANG and my

Customer Question

Some 28 years ago I retired from the USA & the ANG and my wife and I secured our wills not long afterwards at XVIII ABN JAG there at Bragg. Have misplaced those wills, however, and wonder if you folks could supply us certified copies ASAP. Things have changed and we need new ones anyway. We meet with our elder attorney Tuesday at 10 AM here in Charlotte to begin this process.
Thanks,
William ***
Submitted: 12 months ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 12 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. First of all, I think you have misunderstood the nature of this website. JustAnswer is a site to "just answer" questions. We don't provide legal services, drafting, case research, etc... Furthermore, we don't have access to confidential files and have no authority to "certify" any copies of anything. You'd need to contact the base to see if they have copies of those wills on file. Certification of a copy is an indication that the copy is a true and correct representation of what is on file. It's the custodian of the records (the base) that the copy is true and correct. And this assumes that they have a copy. Many times they don't keep a copy of the wills, especially after such a long period of time.

That being said, if you're both alive and mentally competent, in making a new will it's irrelevant whether or not you already have a will and what the content of said will is. A new will revokes all other wills made before it. The attorney doesn't need to see the will. Often they will want to have the will so that they can destroy them or otherwise indicate on the face of the will itself that it is superseded by a new will. But if you have lost it, there's really no difference, and the content of that will is irrelevant. The only concern is that after you pass that someone can present that other will in probate court, which is why attorneys often prefer to destroy the previous will or indicate that it's no longer valid.

And even if you did have a copy of the will, you certainly wouldn't need it to be certified. A copy of a signed will is not binding. One would need to have the original will to probate it. IF that's lost, a copy wouldn't suffice. If the attorney has a copy, certified or not, that's "trivia" as far as the attorney is concerned. The attorney wouldn't need to read or otherwise see any of the provisions of the will itself. The most the attorney would do is destroy it / indicate that it was superseded / etc...

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 12 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 12 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Hello?