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This is not duplicate. I have a notarized copy of my fathers…

Customer Question
This is not duplicate...

This is not duplicate. Hello, I have a notarized copy of my fathers will. His attorney can not find the original. Can this still be an informal probabte without the original in maha Nebraska?

Lawyer's Assistant: Has anything been filed or reported?

No sir.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What happens if a sibling not mentioned in the will contests it during formal probabte?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Nebraska

Submitted: 11 months ago.Category: Legal
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Answered in 7 minutes by:
9/14/2017
Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,844
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 11 months ago
Hello, and Thank you.
Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Unfortunately, you must have a will with an ORIGINAL signature of the testator in order for it to be valid in court. A notarized copy does not validate the signature of the testator, it just says that the copy is the copy that the notary saw. So, without a proper will with an original signature, the court I am afraid has to probate the matter as though no will exists meaning all descendants share equally in the estate.

If the sibling who is not named does or does not contest it, if the court sees it is not an original signature of the testator, they have no choice by law but to probate as though the estate is intestate, meaning that sibling is an heir entitled to their share.

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Lawyer: Law Educator, Esq., Attorney replied 11 months ago

If the attorney had the original will with original signatures of the testator and lost it, then that would be grounds for malpractice and it is possible you could sue the attorney.

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Customer reply replied 11 months ago
Thank you for your help.
Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you for your reply.

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Customer reply replied 11 months ago
He is no longer practicing and his files are with another attorney that states he can only find a copy.
Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you for your reply.

Whether he is practicing or not, if he had the original and lost it, he is liable and you would be able to sue him and whatever malpractice carrier he had at the time he wrote the will.

However, the copy of the will would not be valid without original signatures on it.

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Customer reply replied 11 months ago
How would I go about that?
Lawyer: Law Educator, Esq., Attorney replied 11 months ago

You would need to engage a local legal malpractice attorney and they would have to review his records and actions, to try to determine whether they complied with proper rules of conduct and if not then they will file suit against him for the damage his improper handling of client records caused.

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Customer reply replied 11 months ago
I will leave positive feed back and Thank you again.
Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you very much.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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