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A copy doesnt do any good right it has to be an original…

Customer Question
a copy doesnt do any...
a copy doesnt do any good right it has to be an original
Submitted: 3 months ago.Category: Estate Law
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Answered in 1 minute by:
3/23/2018
Estate Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,565
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello again,

.

A copy of what? Not sure what you are talking about...

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Customer reply replied 3 months ago
The will
Estate Lawyer: Barrister, Attorney replied 3 months ago

Well, it is possible that a will can be validated based on a copy.. Here is what you have to prove in order to establish that a copy of a Will is valid: (1) that the testator made and executed the Will, and that it otherwise meets the requirements of a valid Will; (2) that the testator has died; (3) the substance and contents of the Will; (4) that there has been a diligent search for the original of the Will; and (5) that the testator did not revoke the Will. Usually, particularly considering the presumption discussed below, the difficulty will come in proving the last item, (5).

.

Under the law which governs Tennessee lost wills, there is a strong presumption that the person who made the Will destroyed it or revoked it if the original of the Will cannot be found. That presumption can, and has been, overcome in TN probate cases. To overcome it, you have to present clear and convincing proof to the contrary, but you do not have to prove, to an absolute certainty, that the Will was not revoked.

.

So you would have to present testimony...likely only yours unless there were other people who knew he had a will...that he never revoked his will and that it has simply been lost.

.

Then the judge would have to make the determination whether or not to allow a copy to be admitted..

.

.

thanks

Barrister

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Customer reply replied 3 months ago
But that would be null and void if there are no assets or money left right
Estate Lawyer: Barrister, Attorney replied 3 months ago

No, that wouldn't make the will null and void... it just means you would have a potentially valid will for an estate that has no assets in it.. It ends up the same, but legally by a little different path..

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Customer reply replied 3 months ago
Like what path could he take
Estate Lawyer: Barrister, Attorney replied 3 months ago

Well, if he thought that there was money in the estate, he hires an attorney for $10K and then files suit against you and claims that the will is invalid and was destroyed by husband prior to death, making him an intestate heir since husband is listed as the person's father. Then he would have to convince a judge that you transferred all the assets into your name immediately before husband died, or very close to then, in order to prevent him from inheriting after husband destroyed his will..

.

So it is a pretty big undertaking and will end up being very expensive for him to try and pursue...

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Estate Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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