Estate Law Questions? Ask an Estate Lawyer.
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First, im sorry for your loss. Unfortunately no. "future" grandchildren would not exist at the time of the death and so would not have a claim to the residue of the estate. This was a very poorly worded part of the will and is ambiguous though.
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Normally a new question must be asked when it is regarding a different topic but I will go ahead and answer for you.
MCL(###) ###-####1)(c) governs the admission of a copy of a Will when an original Will is lost. The statute provides that a petitioner can file an authenticated copy of the Will to the probate court:
“If the original will is not in the court’s possession or neither the original will nor an authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition must also state the will’s contents and shall indicate that the will is lost, destroyed, or otherwise unavailable.”
When the original will cannot be found upon the death of the testator, and the testator was in possession of the original, there exists a rebuttable presumption that it was destroyed with the intent to revoke it. The presumption can be overcome with appropriate evidence of the testator’s intent. So it is possible for the court to hold that the will was revoked and all assets of the estate will pass according to intestate succession (state law).
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