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Fleming and Curti, PLC
Elder Law Attorney Tucson AZ
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Tag Archives: missing will

Original will

Can’t Find Original Will? That Might Not Be a Problem

NewsletterBy Robert FlemingJanuary 17, 20211 Comment

Sometimes our clients misplace their original wills. They often worry whether that will cause a problem. Our usual answer: probably not — but it’s easy to fix. Let’s just redo your will, even if we don’t make any changes. Sometimes, though, the problem comes up after a death. Everyone “knows” where the original will is.…

Missing will

Missing Will Discovered Three Years Later, Denied Probate

NewsletterBy Robert FlemingSeptember 10, 20171 Comment

After someone’s death, what happens when no one can find a will? Their estate usually passes according to the law of “intestate succession.” That means the state’s legislature has effectively written a will for the decedent. What, if anything, can be done about a missing will? Of course, a missing will might indicate that the…

Can a Copy of a Missing Will be Admitted to Probate?

Newsletter, Tucson Elder LawBy Robert FlemingAugust 14, 20162 Comments

AUGUST 15, 2016 VOLUME 23 NUMBER 30 You’ve signed your will. We’ve given you the original in a fancy envelope, and a copy showing your signatures. What should you do with it? For most people, most of the time, it is sufficient to just keep the original will in a convenient place at home. What…

Lessons From a Day in Probate Court

Newsletter, Tucson Elder LawBy Robert FlemingJuly 6, 20142 Comments

JULY 7, 2014 VOLUME 21 NUMBER 24 One day last week I found myself sitting in probate court, watching other cases get resolved while waiting for the Judge to get to my own cases. The matters I was listening to seemed to me to be instructive, and give me a chance to share some observations…

Decedent’s Family Permitted to Challenge Validity of Marriage

Newsletter, Tucson Elder LawBy Robert FlemingOctober 6, 20131 Comment

OCTOBER 7, 2013 VOLUME 20 NUMBER 38 Though we do not handle divorce cases at Fleming & Curti, PLC, we do find ourselves dealing with divorce, annulment, child support and spousal maintenance issues from time to time. One common question we see involves late-life marriages between a (sometimes) confused senior and a (sometimes, but not…

Missing Will Presumed Revoked, But Codicil Partially Reinstates It

Newsletter, Tucson Elder LawBy Robert FlemingMay 13, 2012

MAY 14, 2012 VOLUME 19 NUMBER 19 In Arizona (as in most other states) there is an important rule about wills: if the original document was in the possession of it’s signer, and it can not be found after the signer’s death, then there is a presumption that it was destroyed. Not only that, but…

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